- (1.) Counter affidavit filed today is taken on record.
(2.) As per the directions of this Court, Shri R.K. Chaudhary, learned counsel appearing for the Uttar Pradesh Rajya Nirman Sahkari Sangh Limited, Lucknow has submitted that the letter No. 6397 dated 28.11.2016 was issued by the Chief Engineer to the Executive Engineer to call for explanation from the concerned Assistant Engineers and Junior Engineers and send those along with his comments. It is not like that the petitioner himself was called upon to submit his explanation, therefore, the petitioner may not be prejudiced with the letter No. 6397 dated 28.11.2016. The aforesaid submission is recorded.
(3.) In so far as, the letter dated 28.11.2016 titled as Gopinaya is concerned, it has been submitted by Shri R.K. Chaudhay, learned counsel appearing for the department that this is a purely Preliminary Inquiry Report conducted by the Chief Engineer pursuant to the order dated 04.10.2016. A bare perusal of the letter dated 04.10.2016 shows that the Managing Director of the Corporation on the basis of an inquiry report dated 27.07.2016 took a decision for further inquiry which has been termed as a Preliminary Inquiry. The Chief Engineer conducted the inquiry and submitted the report dated 28.11.2016. As per averments of the learned counsel for the respondent, we treat it as a Preliminary Inquiry Report which can be made the basis for initiation of disciplinary proceedings but this may not be the basis to take any punitive action.;