Siddharth, J. - (1.) Heard Sri Syed Mohammad Abbas Abdy and Shri Ranjeet Kumar learned Counsel for the petitioner and learned Standing Counsel appearing for the respondents.
(2.) The petitioner has filed the above noted writ petition praying for quashing of the order dated 22.10.1993, passed by respondent no.1, Executive Engineer, Minor Irrigation Division, Aligarh, Order dated 27.10.1994 and 07.10.1995, passed by respondent no.2, Superintending Engineer, Minor Irrigation Circle, Meerut and Order dated 21.08.1996, passed by the respondent no.3, Chief Engineer, Minor Irrigation Department, Aligarh. Further direction has been sought against the respondent nos. 3 and 1 to promote the petitioner on the post of Boring Technician on regular and permanent basis in the Pay Scale of 1200-30-1440-EB-30-1800 w.e.f., 01.11.1993.
(3.) The petitioner's case is that he is working as Assistant Boring Technician under the respondents in the Department of Irrigation on a substantive post in regular capacity and at present he is discharging his duties in Block Dhanipur, District Aligarh. On 05.11.1992, the petitioner was placed under suspension by the respondent no.1 on the allegations of certain irregularities alleged to have been committed by the petitioner in the year 1991-92 in respect of boring of tube well of two persons, namely, Sri Raghunath son of Udal, resident of Village Pinjari and Sri Fateh Singh son of Sri Bhajan Singh, resident of Village Banihal, both falling under Block Lodha, District Aligarh under free boring scheme. Assistant Engineer (Minor Irrigation) Etah was appointed as Inquiry Officer for conducting disciplinary proceedings against the petitioner. The Inquiry Officer served the charge-sheet dated 28.12.1992, on the petitioner with the allegation that he had committed certain irregularities in respect of aforesaid two free borings of Sri Raghunath and Sri Fateh Singh causing a loss of Rs.7683.86 to the Government by forging fictitious documents. The petitioner submitted his reply to the Charge Sheet dated 15.01.1993 stating therein that in effect two borings were done on the plots of the beneficiaries and Junior Engineer (Minor Irrigation) concerned had submitted his progress report on the basis of physical verification on the spot. Sri Raghunath had given an affidavit dated 11.01.1993 confirming the fact of boring and also stating therein that he had taken out the pipes of his boring due to a family dispute and had utilized the same in his pukka well. So far as boring of Sri Fateh Singh is concerned, his boring failed on account of which he took out pipes of his boring and utilized the same in the boring on a different chak. Thus the petitioner had completed both borings in question in the year 1990-91 and he is not guilty of charges leveled against him. Beneficiaries, namely, Sri Raghunath son of Sri Udai, had given an application dated 11.1.1993, the Inquiry Officer duly verified by the Gram Pradhan concerned to the effect that his boring was done in year 1990-91 by the pipes supplied from Block Lodha. Subsequently Sri Raghunath had also given an affidavit dated 17.09.1992 stating the fact of boring on his plot under the free Boring Scheme. In view of the frivolous charges against the petitioner and the delay in completion of the disciplinary enquiry, the respondent no.1 revoked the suspension order provisionally by his order dated 3.04.1993. On 23.01.1993 the Junior Engineer, Sri Anil Kumar Sharma, who was posted in the Block Lodha, District Aligarh in the year 1990-91 had also written a letter dated 23.01.1993 intimating the respondent no.1, that the borings in question were done and the boring certificate duly signed by the Block Development Officer concerned were sent to the bank. It appears that subsequently the Inquiry Officer had submitted his two inquiry reports, dated 30.03.1993 and 8.09.1993, copies whereof were never supplied to the petitioner and on the basis of the same the respondent no.1 passed order of punishment on 22.09.1993 imposing three penalties on the petitioner namely : - (i).Recovery of Rs.990/- from the salary of the petitioner at the rate of Rs.200 per month. (ii).Withholding of the salary of the petitioner during suspension period (5.11.1992 to 3.4.1993). (iii).Censure entry in the service book of the petitioner.;