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1996 Supreme(Guj) 274

R.K.ABICHANDANI
A. G. Desai, Superintending Engineer – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.A.Bhambhania, D.G.CHAUHAN, Thakkar Associates

R. K. ABICHANDANI, J.

( 1 ) THE petitioner seeks to challenge the order dated 14. 9. 1995 at annexure "c" to the petition, passed by the respondent No. 1 reverting him from the post of Superintending Engineer to the post of Executive Engineer.

( 2 ) THE charges were issued on the petitioner in 1991 in respect of the alleged misconduct committed in 1985. As per the charge sheet dated 7th October, 1991, which is at Annexure "b" to the petition, it was alleged that the payments were sanctioned by the petitioner for being made to the contractor, eventhough inferior material was used in constructing a water tank which had collapsed. At the relevant time, the petitioner was working as an Executive Engineer at Baroda. The water tank which was constructed at karjan had collapsed and therefore, Departmental enquiry was instituted against various officer including the petitioner. The enquiry against the petitioner culminated in the order dated 14. 9. 1995 by which the petitioner, who was at the time of that order serving as superintending Engineer in the Gujarat Water Supply and Sewerage Board, was reverted to the post of Executive Engineer. The order of reversion specified that his reversio















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