CHANDRA SEN SHARMA Vs. SUPERINTENDING ENGINEER
HIGH COURT OF ALLAHABAD
CHANDRA SEN SHARMA
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H.C.P. Tripathi, J. -
(1.)THIS writ petition is directed against an order of the Executive Engineer, Hydro Electric Division, Budaun, terminating the petitioner's services as Sub-Station Attendant under him with effect from 30th November 1962,
(2.)THE undisputed facts of the case which are relevant to the questions in controversy may be stated briefly.
By an order, dated 3rd of December 1951 passed by the Superintending Engineer, Hydel (Ganga) Circle, Roorkee, the petitioner was appointed as an officiating Meter Reader, Hydel Division, Bulandshahr and he joined service as such on the 12th of December, 1951. In June 1959 he was promoted as a junior Meter Tester and transferred to the office of the Executive Engineer, Hydel Division at Rampur. Subsequently, it appears that in July 1962 he was transferred to Budaun as Sub Station Attendant. During the period 1959 to July 1962 the petitioner made various complaints against the Sub-Divisional Officer, Executive Engineer and other Officers of the Department to the higher authorities alleging that they had been misusing their official position for deriving personal advantages at the cost of the Department and had been misapplying its funds and resources to their personal benefits. Copies of some of the aforesaid complaints are attached to the petition. In August 1962 the petitioner was elected President of the Union of the Employees.
On 21st of September 1962; Sri B. B. Lal, I.C.S., Commissioner and Secretary, Irrigagation and Power, U. P., addressed a D. O. to the Chief Engineer, Hydel, Lucknow, in which he inter alia observed: "it appears that Sri Chandra Sen Sharma behaved in a most irresponsible and undignified manner in participating in, and perhaps leading, a public procession demonstrating certain grievances against fellow public servants of the Police Department"....... and desired that "he should be suspended from service immediately. A formal charge sheet should be drawn up against him and disciplinary proceedings should be taken to determine whether he should not be removed from service for this gross misdemeanoui." He also gave a direction that "the Enquiring Officer and others dealing with the departmental proceedings should be careful in observing all the rules and regulations dealing with such proceedings and should ensure that no technical or legal flaw is allowed to take place such as may vitiate the proceedings."
(3.)ON November 27, 1962, Sri V. D. Seth, Superintending Engineer, Hydel Ganga Circle Alfgarh, addressed a confidential D. O. (Annexure D to the counter affidavit) to Sri C. P. Nigam, Executive Engineer, Hydro Electric Division, Budaun, enquiring from him as to whether any disciplinary proceedings had already been started against the petitioner or not and if not then directing him to take "necessary action for terminating his service by giving him one month's pay in lieu of notice as per terms and conditions applicable to the temporary Government servant.'
On 1st of December, 1962 Sri C, P. Nigam, Executive Engineer, passed the impugned order which runs as follows:-- "The services of Sri Chandra Sen Sharma Sub-Station Attendant are hereby terminated with effect from 30-11-1962 A. N. since no longer required."
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