- (1.) Heard Sri Prashant Shukla, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The petitioner in the writ petition is seeking quashing of the order dated 26.2.2016 whereby a penalty of withholding of one increment with cumulative effect along with censure entry has been awarded to the petitioner.
(3.) Briefly stated, the facts are that the petitioner was appointed as Assistant Engineer on 31.12.2008 in the Irrigation Department, Banda Division-III. He joined his duties on 24.01.2009. Thereafter, under the orders of the Executive Engineer, Irrigation Department, Banda Division-III, the work of the petitioner was allotted to one Atul Kumar with the rider that he would hold the post till the petitioner returns from his training. This order was subsequently withdrawn by the Superintending Engineer vide order dated 17.2.2009 and the Executive Engineer was directed to hand over the charge to the petitioner. Thereafter, by an order dated 16.5.2009 passed by the Chief Engineer (Betwa), Irrigation Department, Jhansi, the petitioner was given the work of pinching of marginal 'budh' and construction of 'chute' drain. According to the petitioner, even thereafter, the charge and payments to be made by him were not handed over to him. Therefore, the Superintending Engineer, respondent no. 3, vide his letter dated 25.6.2009 directed the Executive Engineer to immediately hand over the charge of works to the petitioner in compliance of the Government Order otherwise disciplinary proceedings would be initiated against him. Thereafter, the petitioner commenced his work and contracts were awarded for construction of chute drain for Marginal bundh city side from 15.6.2009 to 10.7.2009 as would be evident from the document filed as annexure-8 to the writ petition. Thereafter, on 1.1.2010, the petitioner was sent for training which he completed on 31.3.2010 as per the certificate granted to him in this regard, annexure-9 to the writ petition. During this time, the petitioner was placed under suspension by order dated 10.7.2013, against which he filed writ petition no. 52744 of 2013 and the order of suspension was stayed. Thereafter, a charge-sheet was issued to the petitioner under covering letter dated 12.2.2014. The petitioner submitted his reply to the charge-sheet on 10.3.2014. The inquiry was held and the inquiry officer submitted his report dated 6.1.2014 holding that although the charge of non-compliance of Rule 369, Part-6 of the Financial Handbook namely, awarding more than one contract to the same contractor was proved but there was no financial loss caused to the department and that because the petitioner was untrained Assistant Engineer, the mistake was only procedural and not intentional. The disciplinary authority, however, did not accept the recommendation of the inquiry officer and issued a disagreement note dated 21.7.2015 to which the petitioner submitted his reply and thereafter, the impugned order dated 26.2.2016 has been passed whereby the penalty withholding of one increment with cumulative effect permanently has been imposed against the petitioner and penalty of censure has also been imposed.;