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2011 Supreme(Pat) 2166

AJAY KUMAR TRIPATHI
Awadhesh Upadhayay – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For Petitioner:- Mr. Binod Kumar Kantha, Sr. Adv. Mr. P.N. Pathak, Adv.
For the State-Respondents:- Mr. S. Raza Ahmad, Sr. Adv. AAG-IX Mr. Vishwambhar Prasad, A.C. to AAG-IX

ORDER

1. Heard learned senior counsel for the petitioner and counsel for State.

2. Petitioner was on deputation under the National Rural Employment Programme (NREP) of the Rural Development Department. He was holding the post of Assistant Engineer. During his period of posting, many different schemes for construction of roads under the N.R.P. Programme, was planned and approved by the competent authority. It was also put under execution. While the plans were being executed, a State level flying squad made a visit to the places where the schemes were being carried out to make a physical inspection as to the quality of the work being done by the agency.

3. Based on the report of the flying squad, the Junior Engineer, namely, one Sri Satyendra Yadav, the Assistant Engineer, the present petitioner as well as the District Engineer, were put under suspension and a decision was taken to proceed with them departmentally.

4. One Atul Kumar Karmkar, a Chief Engineer was appointed as the Enquiry Officer to conduct enquiry against the petitioner as well as the District Engineer with regard to the set of charges which was drawn up against them. The charges have been brought on record as Annexure-
















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