Dr. Vineet Kothari, J. - (1.) THE petitioner working as Executive Engineer, in the respondent Public Works Department (PWD), is aggrieved by the issuance of the charge -sheet against him vide Annex. 1 Dt. 30.08.2010 for the alleged irregularities pointed out against him in the Audit objections with regard to some contracts executed under his supervision way back in the year 1991 about 20 years back. Mr. V.K. Mathur, learned counsel for the petitioner submitted that in view of peculiar facts of the case that even the audit paras themselves, on the reply furnished by the PWD, came to be dropped vide the communication (Annex. 5) Dt. 19.05.2011, therefore, there remained no justification for continuing the enquiry against the petitioner. But, on the contrary, the respondents directed the said enquiry to be clubbed with other two persons vide order Annex. 9 Dt. 30.04.2012. He also pointed out that by an ex parte interim order granted by a coordinate bench of this Court on 19.07.2012, the proceedings in the enquiry have been stayed.
(2.) THE respondents have filed reply to the writ petition and have justified the enquiry and have urged that at this stage, interference of this Court under Art. 226 of the Constitution of India, is not called for as the matter is still pending before the respondent - Department. However, nothing specific has been pointed out in the said reply about the audit paras being dropped on the basis of which the charge -sheet was issued to the petitioner. Learned counsel for the petitioner, Mr. V.K. Mathur, relied upon the decision of the Hon'ble Supreme Court in the case of State of Madhya Pradesh v. Bani Singh & Anr., reported in 1990 (Supp.) SCC 738 and urged that even the charge sheet issued after the delay of 12 years, the Hon'ble Apex Court quashed the charge sheet holding that such enquiry at a highly belated stage for the alleged charges pertaining to an event of 12 years period prior to the said initiation of the disciplinary action was not justified. He submitted that in the present case, the alleged events are about 20 years old and that too on the basis of audit objections, which themselves, have been withdrawn by the Audit Department on the basis of explanation given by the PWD itself and, therefore, the pending enquiry against the petitioner will only go to cause prejudice to him for consideration his case for further promotion for which the DPC is likely to meet shortly.
(3.) MR . Mukesh Dave, learned Dy. Govt. counsel for the respondents, however, justified the pendency of the said enquiry and opposed the writ petition.;