Judgment

G.B. Pattanaik, J.-These two appeals, one by the state of Rajasthan and the other by the concerned employee arise out of the same judgment and as such are being disposed of by this common judgment. The re­spondent Shri M.C. Saxena in Civil Appeal No. 2536 of 1993 is an engineer who joined the service of the Rajasthan Government in the year 1957 as Assistant Engineer. While he was continuing as Executive Engineer at Bharatpur, certain complaints were received by the Anti Corruption Department to the effect that the material used by the Engineer at Seola and Baretha Bandhs are sub-standard materials. On the basis of the said complaint certain preliminary enquiry was held and then the State Government issued a set of charges against the respondent and four other officials in June 1979. On receipt of the explanation from the respondent, an enquiry officer was appointed to enquire into the charges against the respondent by order of the State Government dated 21st January, 1980. The enquiry officer ultimately submitted a report on 24th July 1984 indicating therein that the samples which have been taken by the concerned officer and were sent to the FSL was not in accordance with t