SUNIL RANJAN MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant, who is working as Executive Engineer (Civil)-I in the All India Radio, Calcutta, has filed this O.A. praying for the following relief:--

(2.) The relevant facts of the case are that the applicant joined service under the respondents as Jr. Engineer (Civil) in 1972 and promoted as Asst. Engineer in 1980. He was further promoted as Executive Engineer on 5.4.1989. He joined the Calcutta office of AIR on 6.4.89. It is his case that on 1.12.99 while he was working as Surveyor of Works (C), All India Radio, New Delhi, he received a charge-memo dated 16.11.99 vide Annexure-A. There were two articles of charge. In the statement of imputations of misconduct, it was inter alia stated that while the applicant was working as Executive Engineer (C), CCW, AIR, Calcutta and was in-charge of the work of extension of 100 KW MW Transmitter Building at AIR, Amtola during the period from 5.4.89 till completion of work, he failed to forfeit the amount of security deposit and also failed to effect recovery of certain alleged over payments and/or fictitious payments made to the contractor M/s. Premier Engineering Corporation thereby causing pecuniary loss to the Government to the tune of Rs. 40,780, 1,60,458/- and Rs. 99,140/- respectively, and as such he failed to maintain absolute integrity, devotion to duty and violated the relevant provisions of Conduct Rules. In the list of documents, several documents were mentioned on which the charges was sought to be proved. Similarly, names of some witnesses were cited by whom the charges were proposed to be proved.

(3.) THE matter came up for admission hearing before this Tribunal on 4.4.2001 when inter alia the following order was passed:--