SANJEEV PRAKASH SHARMA,J. - (1.) The petitioner by way of this writ petition seeks to challenge order dated 24/31.03.1999 whereby he has been dismissed from service and also the appellate order dated 29.12.1999 whereby the appeal preferred by him has been rejected.
(2.) Facts which are required to be noted for the disposal of the writ petition are that the petitioner D.V. Singh was working as Manager Survey in Phosphate Division at Jhamarkotra Mines under the Rajasthan State Mines and Minerals Limited. Vide memorandum dated 31.03.1997 he was served with a charge-sheet and the charges which were levelled against him were as under: "1) That during the period 08.09.1994 to December 1995 certain serious irregularities in reporting quantity of excavation in DEH area in the running bills (I-XIII) of M/s. G.V. Pratap Reddy, Contractor were observed showing an excess quantity of excavation to the extent of 1,20,221 BCM than actual and accordingly the excess payment of Rs.66,42,210.25 was released to the contractor. 2) That the final bill (XIV) of M/s. G.V. Pratap Reddy was certified by you showing further additional excavation of 850 BCM. 3) That while handing over the charge at Jhamarkotra Mines on account of your transfer to Keshriaji Green Marble Project you have replaced the level books pertaining to running bills Nos.XII, XIII and XIV (final) survey maintained in the department and manipulated the office records, during your stay at Jhamarkotra Mines. At this stage the changes made were found to be against the interest of the company causing financial losses and thereby allowing undue benefit to the contractor M/s. G.V. Pratap Reddy. 4) That you have omitted the plotting of many of original ground levels resulting in excess area of excavation in favour of contractor. You have also erased the plotting of the survey in respect of 1st to XIII th running bills of the contractor M/s. G.V. Pratap Reddy. 5) That in spite of repeated instructions you have failed to submit the survey records to the Chief Manager (Mining) in time with the intention of altering the official records and to conceal your acts of commission and omission against the interest of the company."
(3.) A Statement making imputation of misconduct in support of the charges was also conveyed to him. On receiving the charge-sheet, the petitioner submitted his reply on 09.04.1997 pointing out that the working methodology and arrangement prevailing at Jhamarkotra Mines over last decade was that in cases of departmental rock handling whenever there has been a shortfall in achieving annual target, in order to meet that target/minimize difference in the annual reporting quaterly survey quantity are being increased as per verbal instructions of senior mining officials and this fact is very much in knowledge of all concerned officials. Such increase was being adjusted later on. He being a subordinate officer, had no other option but to obey the officers of senior officials even though the same were oral/verbal.;