1. - The matter comes up before the Court in connection with S.B. Civil Misc. Second Stay Application No. 3819/92 filed by the petitioner. Learned counsel for the parties submit that since point involved is a short one, the writ petition itself can be disposed of finally. I find that this submission is correct. I have, therefore, proceeded to hear the writ petition itself on merits.

2. Briefly stated, facts of the case are that petitioner S.L. Setia was posted as Assistant Engineer in Sub-Division -III of Division VIII of Indira Gandhi Nahar Pariyojna during the year 1977. Gopi Ram Goyal was the Executive Engineer, under whom the petitioner was serving. One N.C. Garg was Junior Engineer under the petitioner. Likewise, one V.N. Sharma was also Junior Engineer under the petitioner. It is alleged that N.C. Garg in collusion with V.N. Sharma mis-appropriated 3375 bags of cement entrusted to them and the petitioner failed to discharge his duties as mentioned in Rules 55 and Rules 195 to 199 of PWF & AR and due to carelessness and negligence the alleged misappropriation was possible.

3. It appears that originally disciplinary proceedings against Gopi Ram Goyal and the petitioner S