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1997 Supreme(Raj) 1363

M.G.MUKHERJI, BHAGWATI PRASAD
State of Rajasthan – Appellant
Versus
Shiv Dutt Bissa – Respondent


JUDGMENT

1. - This special appeal preferred by the Slate of Rajasthan through the Secretary, Public Health and Engineering Department, Government of Rajasthan and the Secretary, Department of Personnel, Government of Rajasthan impugns a judgment and order dated 11th July, 1997 passed by a learned single Judge of our Court in S.B. Civil Writ Petition No. 2590/95.

2. The respondent-Shiv Dutt Bissa is a Superintending Engineer under the Public Health and Engineering Department. He was charge-sheeted vide Annexure-1 to the Writ Application under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 on 23-11-1992 over an incident which took place in the year 1988-89. He was charged in the first place for placing orders for purchase of C.I. Detachable Joints beyond the prescribed limits of amount at his level. The main allegation against him was that he had exceeded his financial powers as regards the placing of the total quantum of orders which he could place without prior permission of the Chief Engineer. It was his specific case that with a view to depriving him from his promotion to the post of Additional Chief Engineer since he has reached the zone

















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