Rajesh Balia, J.-This appeal is by an unsuccessful petitioner of S .B. civil Writ Petition No. 5129 of 1998 challenging the enquiry report Annex. 33, Annex. 36 order dated 29.5.91 by which the petitioner was dismissed from service. Annex.37 dated 6.91 by which the petitioner was relieved from his post and Annx. 39 by which the appeal of the petitioner was dismissed. (2). Appellant was appointed as Store Munshi in November 1978 in Mahi Bajaj Sagar Project, Banswara. On

19.84 while the petitioner was working as Store Munshi in central Stores Sub Division, Mahi Project, Banswara, he reported to the Asstt. Engineer as his immediate superior Jr. Engineer was out of station, that 24 Injector Assemblies were missing. The immediate person superior to the petitioner in charge of the Store on that day was Mr. Govind Ram Leelani, a Junior Engineer. The petitioner-appellant reported that while in the Stores he was taking out the rack containing Stores that has were be issued, he noticed that parts were scattered all around and the packing boxes were empty. On physical verification, he found that Injector Assemblies were missing. He reported that these injectors might have been stolen between 4.1984 to 19.4.84. It appears that the said Govind Ram Leelani, Junior Engineer, incharge of the Stores also lodged a complaint on 29.84 at the Police Station about missing of 2l Injectors on 19.84 and three injectors missing on 20.9.94

valued at Rs. 30,646. The Superintendent of Police reported after the investigation concluded vide his letter dt. 10.85 (Ex.34) that the report submitted by Mr. Leelani was false and according to him said Leelani himself is likely to be involved in reported theft of stores. The petitioner was issued memorandum of charge dated

29.86 in the first instance by the Executive Engineer alleging that the petitioner was guilty of making deliberate false report and either himself committing theft of 24 Injectors which are missing or connived in commission of theft and because of that the Govt. has suffered loss of Rs. 30,646/-and secondly that he has cheated the Govt. by falsely reporting to the superior officer about theft of the said articles. After this charge, the petitioner was suspended. The Executive Engineer was appointed an enquiry officer. Statements of C.B. Singh and Govind Ram Leelani were also recorded by the said Executive Engineer on 112.86. The petitioner has at that stage raised grievance about the manner in which the enquiry was conducted against him by written report dated 30.1.87 alleging that he was required to give statement as suggested by the enquiry officer and that he was conducting enquiry in a manner prejudicial to the delinquent officer. It appears that thereafter Shri R.B. Goyal was appointed as Enquiry Officer on 27.4.87 and he required the petitioner to submit the documents vide communication dated 28.4.87. The petitioner by his letter dated 8.5.87 demanded the copies of all statements recorded in the proceedings concerning the theft of Injector assemblies but the same were not supplied. By another order dated 16.87, the order appointing Shri R.B. Goyal as enquiry officer was cancelled. Thereafter, a fresh chargesheet was served by the Superintending Engineer on 19.87 in connection with the same subject matter. The allegation of charges in the memorandum of charges dated

19.87 (Annex.20) vitally differed from the allegations of charges levelled against the petitioner in the earlier Memorandum of charges. This is apparent from the comparative reading of the two charges under the two Memorandum of charges.

Charges under Memo dt. 24.09.1986 Charges under Memo dt. 16.09.1987

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