N. S. SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr.R.C.Kakkad has tendered affidavit-inrejoinder filed by the petitioner. The same is ordered to be taken on record.

(2.) The brief facts of the case leading to filing of the present petition are as under:

(3.) Learned advocate Mr.R.C.Kakkad appearing for the petitioner has submitted that the impugned order of punishment as well as subsequent order in appeal are required to be quashed and set aside since the petitioner, who was working as Assistant Engineer, is not responsible for the construction of the piles (foundation of the shops) of the superstructure as he had only worked from 27.06.1990 to 20.07.1990. He has submitted that the entire responsibility was of Deputy Engineer, who was required to see the construction of work below plinth level.