A charge sheet dated 27th June, 2011 was accordingly issued to the respondent and Chief Engineer WB was numberinated as Enquiry Officer to companyduct an enquiry into the charges.
That companytention found favour with a Division Bench of the High Court of Allahabad, who, as numbericed earlier, has allowed the Writ Petition and quashed the disciplinary proceedings including the charge sheet served upon the respondent.
Aggrieved, the respondent filed Civil Miscellaneous Writ Petition No.19485 of 2012 before the High Court of Judicature at Allahabad.
Financial irregularities allegedly causing a pecuniary loss to the tune of Rs.13,23,964/ to the State exchequer, having been numbericed, a proposal for initiating disciplinary proceedings was mooted by the Rural Engineering Department and sanctioned by the Minister in charge of Rural Engineering Department, Government of Uttar Pradesh on 7th January, 2011.
The principal companytention urged in support of that Writ Petition was that in the absence of a valid sanction from the Governor under 351 A of the Civil Services Regulations, 1975 framed under Article 309 of the Constitution of India, the disciplinary action proposed against the respondent was legally impermissible.
He was promoted to the post of Assistant Engineer on 25th April, 1981 and transferred to Pratapgarh Division, and thereafter to several other places till he superannuated from service on 30th September, 2008.
The respondent writ petitioner before the High Court joined the Saharanpur Division of Rural Engineering Department of the State of Uttar Pradesh as a Junior Engineer on 26th February, 1973.
S. THAKUR, CJI.
Leave granted.
