Saurabh Lavania, J. - (1.) Heard Sri Nishant Shukla, learned counsel for the petitioners, learned Standing Counsel for the opposite party nos.2 and 3 and Shri Ashok Shukla, learned counsel for the claimant-opposite party no.1.
(2.) By means of the present writ petition, the petitioners have challenged the judgment and order dated 01.08.2018 passed by the State Public Services Tribunal, Lucknow (in short "Tribunal") in the Claim Petition No.58 of 2016 (Subhash Pratap Bagri vs. State of U.P. & Ors.).
(3.) Facts in brief of the present case are that opposite party no.1/Subhash Pratap Bagri was appointed and joined as Assistant Engineer on 12.06.1989 and thereafter was promoted to the post of Deputy Project Manager on 30.06.1998. While the opposite party no.1 was posted as Unit In-charge in the Construction Unit, Gorakhpur during the period between 04.01.2005 to 12.08.2005, he was found responsible for gross negligence in the construction of Bridge over river Burhi Rapti. The charge sheet was issued on 11.03.2011 which was served on the opposite party no.2. The charge against the opposite party no.1 was that the curves found on the pillars were not made on correct place, as a result of which, there was a variation/gap between the concerned pillars from 28.25 meter to 31.79 meter and 24.6 meter respectively. However, the opposite party no.1 continued the work without taking correct measurement and without getting approval of revised drawing from his superiors and this act of the opposite party resulted in heavy additional expenditure. The opposite party no.1 submitted a reply to the charge sheet dated 11.03.2011 on 02.06.2011. Thereafter, in the matter in question, an enquiry was conducted and vide order dated 06.02.2015, disciplinary authority awarded a censure entry to the opposite party no.1 and also directed to recover a sum of Rs.13,27,000/- from him.;