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2013 Supreme(Del) 1907

PRADEEP NANDRAJOG, VEENA BIRBAL
Union of India – Appellant
Versus
Kamla Prasad Singh – Respondent


Advocates:
Represented by:Mr.Amit Chadha, Advocate.
Represented by:Mr.Yashpal Singh, Advocate.

JUDGMENT :

Pradeep Nandrajog, J.

1. On November 8, 1994 a charge memo was issued to the respondent recording Presidential sanction to do so; and as per Annexure-I, three Articles of Charge were alleged : -

(I) While functioning as Divisional Engineer (Plg.-III)/AGM (Plg. & Dev.) in Kanpur Telecom District during the period September 9, 1991 to November 24, 1992 respondent negotiated a contract for laying underground cables and awarded the same to M/s Unemployed Engineers Constructions where his son Brijesh Singh was employed and this amounted to misusing the official position. The conduct was alleged to be a grave misconduct inasmuch as devotion to duty and integrity were violated.

(II) During said period, in the execution of the contract the respondent showed undue interest and got issued cable drums bye-passing the concerned Divisional Engineer by issuing verbal and telephonic orders to the Store Incharge Sh.K.P.Singh. Cable worth Rs. 8 lacs were stolen as a result of official channels being bye-passed. The said act was also alleged to be a grave misconduct and lacking in integrity.

(III) During the said period, respondent attempted to manipulate documentary evidence pertaining to the


























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