- (1.) Heard learned counsel for the petitioner and learned Standing Counsel.
(2.) The petitioner has challenged the punishment order dated 04.05.2013 by means of which the annual increment of the petitioner for two years has been withheld and censure entry has been awarded against him on the ground that the petitioner has failed to comply with the Government Order dated 19.10.2002 and the circular issued by the Engineer-in-Chief dated 23.08.2001.
(3.) Initially a chargesheet dated 24.12.2004 was served upon the petitioner and after issuance of the chargesheet enquiry proceedings were drawn against the petitioner and he was finally dismissed from service vide order dated 15.09.2006. The petitioner challenged the aforesaid order by means of filing Writ Petition No. 252 (S/B) of 2007. The said writ petition was allowed quashing the impugned order dated 15.09.2006 with consequential benefits and it was further observed that the petitioner shall be restored in service forthwith but the payment of back wages shall be subject to fresh enquiry conducted by the respondents. In case the respondents take a decision to proceed afresh, then the enquiry may be held from the stage of submission of reply to the charge sheet in accordance with law expeditiously within a period of six months. The said order was challenged before the Apex Court by the opposite parties and Special Leave Petition was filed, which was dismissed vide judgment and order dated 04.02.2011. After dismissal of the Special Leave Petition enquiry proceeded against the petitioner and in the enquiry the petitioner was exonerated from all the charges submitted by the Enquiry Officer. He further submits that enquiry report of all other persons having the same charges as that of the petitioner has been accepted by the competent authority but the competent authority did not agree with the enquiry report submitted in respect of the petitioner though the petitioner has indicated all the relevant things but the same were not taken into consideration and the finding has been recorded in regard to the violation of the Government Order dated 19.10.2002 and the circular issued by the Engineer-in-Chief dated 23.08.2001.;