Sabina, J. - (1.) PETITIONER has filed this petition challenging the charge sheet dated 9.1.2014 (Annexure P -3) whereby the earlier charge sheet dated 25.4.2013 has been revised.
(2.) CASE of the petitioner, in brief, is that he was working as Junior Engineer (Civil) and was suspended vide order dated 13.8.2012 (Annexure P -1). Petitioner requested that he be reinstated in service as the charge sheet had not been issued within the prescribed time. Petitioner was reinstated in service on 24.12.2012. Petitioner was served the charge sheet dated 25.4.2013 (Annexure P -2). However, the said charge sheet was revised vide Annexure P -3 dated 9.1.2014. Hence, the present petition by the petitioner. Learned counsel for the petitioner has submitted that as per the rules and regulations, the respondents were required to complete the enquiry proceedings within a specified period. However, the respondents were deliberately delaying the departmental action against the petitioner with a view to deny him the benefits of promotion. Petitioner was due to retire next year. There was no provision in the rules to serve revised charge sheet, although, a fresh charge sheet could have been issued to the petitioner.
(3.) IN the present chase, charge sheet Annexure P -2 was served on the petitioner wherein following allegations were levelled against him: - 1. Cutting of grass and cleaning of roads: - (a) Er. Daljeet Singh JE/Civil O/o Senior Executive Engineer/Civil Maintenance and construction division (South Zone), Patiala issued 24 new tenders by violating the works of cutting of grass and cleaning of roads and exceeded his jurisdiction. (b) Er. Daljeet Singh JE/Civil did not process the tenders as per the rules of the Board/Corporation. (c) Er. Daljeet Singh JE/Civil opened the tenders and processed the same on 11.4.2011 and 30.9.2011 when he was on official tour out of Sangrur as per the records. (d) Er. Daljeet Singh JE/Civil did not deposit the surety amount deposited by the contractors at the time of tenders in the account of Board/Corporation, in violation of the rules and regulations of the Board/Corporation, whereas Er. Daljeet Singh has filed a letter to AEE/Sub Urban for the purposes of misleading the corporation. (e) Er. Daljeet Singh JE/Civil in violation of the rules and regulations of the Board/Corporation, without getting the tenders passed from the competent authority and also being not a competent authority, issued allotments orders and signed agreement with the contractors. (f) Er. Daljeet Singh JE/Civil in connivance with Er. H.S. Dhaliwal, Sr. Executive Engineer/Civil, Accountant Sh. Dharmender Kumar and contractors made forged entries of work against the illegal allotment order and made fake payments to the contractor and caused financial loss of Rs. 36.64 lacs to the corporation. (g) Er. Daljeet Singh JE/Civil, Er. H.S. Dhaliwal, Senior Executive Engineer/Civil and others have embezzled amount of Rs. 36.64 lac. (h) Er. Daljeet Singh JE/Civil in connivance with Er. H.S. Dhaliwal, Senior Executive Engineer/Civil Maintenance and Constructions Division (South Zone) Patiala and Accountant Sh. Dharmender Kumar made an attempt to make fake payment of Rs. 4,52,760/ -;