JUDGMENT

H.K. SEMA, J. —

1.Leave granted.

2.This appeal is directed against the judgment and order dated 3rd April, 2006 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 10039 of 2005.

3.Briefly stated, the facts are as under:

“The respondent was working as Sub Divisional Engineer in Public Works Department (B&R). By an order dated 20.10.1999, the following charges were levelled against him:

“(1).Breach of trust in making attempt to pilferage Govt. Material/Cement.

(2).Negligence/ failure in the faithful discharge of his duties as Sub Divisional Engineer.

(3).Concealment of facts by making wrong statement.

(4).According approval to the indent for 200 bags of cement without assessing exact requirement.

(5).Failure in getting a case registered against the guilty persons and further failure in supervision of Government material and

(6).Failure to report to the authorities in time after being in the knowledge of the incident.”

4.The Competent Authority appointed Sh. B.D. Gupta, the then Superintending Engineer as Enquiry Officer. The Enquiry Officer submitted the report exonerating the respondent of the charges levelled against him. The Competent Authority disagreed with th