BISWANATH SOMADDER, J. - (1.) The petitioner was holding the post of an Assistant Engineer of Uttar Dinajpur Zilla Parishad at a point of time when a show cause notice was issued on 14th July, 2010, by the District Magistrate of Uttar Dinajpur who was also the Executive Officer of Uttar Dinajpur Zilla Parishad. He was directed to show-cause why disciplinary action would not be taken against him in respect of the following charges: (a) Dereliction of Duty; (b) Unlawful and with corrupt intention authentication of the measurement book and recommendation of the Bill of the said work for an amount of Rs. 14,60,387,00, which has not been actually executed as per specification and thus misuse of Official power; (c) Lack of integrity and thus violation of sub-rule 2 of rule 3 and sub-rule 7 of rule 5 of West Bengal Services (D R O of govt. Emply), 1980."
(2.) The writ petitioner gave reply to the show-cause notice on 20th July, 2010. Subsequently, by an order dated 3rd August, 2010, issued by the District Magistrate, Uttar Dinajpur and Executive Officer, Uttar Dinajpur Zilla Parishad, the writ petitioner was placed tinder suspension until further orders and a further order was passed for initiation of departmental proceeding against him as per articles of charge attached with the said order. An enquiring authority was also appointed to enquire into the charges framed against the petitioner and an officer was also appointed as the Presenting Officer to present the case against the writ petitioner.
(3.) The three Articles of charges read as follows: "Article of Charge - I That Sri Chitta Ranjan Basak, Asst. Engineer, Uttar Dinajpur Zilla Parishad, Uttar Dinajpur while functioning as engineer in charge of the execution of the scheme namely 'Construction of Pucca road from Hatkaliaganj to Chandgaon bridge via Banshlhara under Mustafangar Gram Panchayat under Kaliaganj' under Backward village Development Fund 08- 09, did discharge his duty properly and allowed his subordinates and the executing agency to execute the scheme with violation of the specification and the schedule and thus abetting the misappropriation of Govt. Fund. He thus is charged with dereliction of govt. duty. Article of Charge= II That Sri Chitta Ranjan Basak, Asst. Engineer, Uttar Dinajpur Zilla Parishad, Uttar Dinajpur has authenticated and recommended the bill I and measurement Book for an amount of Rs. 14,60,388=00 only of the said scheme and said that the scheme was done as per specification. Whereas, it is seen from the report of the Executive Engineer Uttar Dinajpur ZiIla Parishad that the work has been done as per sched ule and specification. It is seen from the enquiry report of the Executive Engineer Uttar Dinajpur Zilla Parishad that (1) After digging at the edge of hard cast at chainage 150 mtr. Available thickness found was 166mm whereas it should he 270mm as schedule. 75 mm thick WBM grade-III was found and GSB (RBM) was 65 mm which was less than the schedule. (2) At chainage 165 mtr. the available thickness found was 90 mm which is less than the schedule. The GSB (RBM) was found and thickness of WBM was 70 mm in contrary to the schedule and approved specification. (3) The 111 mtr. earth work on both side of embankment was done at all but recommended in the bill. Thus he is charged with lack of integrity and violation of sub-rule 2 of rule 3 and sub-rule 1 of rule 5 of West Bengal Services (D R O of Govt. Empty), 1980. Article of Charge - III (a) He unlawfully and with corrupt intention authenticated the measurement book and recommendation of the Bill of the said work for an amount of Rs. 14,60,387=00. which has been actually executed as per specification and thus he is charged with misappropriation of Govt. Money and misuse of Official power.";