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2003 Supreme(J&K) 24

B.C.PATEL, S.K.GUPTA
Kanayal Lal – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: A.K. Sharma
Advocate For Respondent: Rohit Kapoor

S.K. Gupta, J.

1. Petitioner, while working as SA-I with effect from 29th September 1986, had put up a noting to his G.E. stating that M/s Haji Abdul Kabir Sumji, Contractor, was banned for the issue of tender for two years by C.E., Srinagar Zone. It was, however, found later on that there was no such ban imposed on the said Contractor. An enquiry was held and found that it was a wrong noting submitted by the petitioner wilfully. The Disciplinary Authority also held that the petitioner also did not even dispute having putting up of the said noting. Another charge against the petitioner is that he had put up noting regarding another Contractor, M/s Surjit Singh & Sons for the job of dismantling and mentioned that provisional sum for dismantling work is minus 50% even though the opening officers had clearly indicated the said percentage as minus 5% and this was recorded in words also by the officers. The petitioner in his noting to the G.E. had recommended that M/s Surjit Singh & Sons had given lowest tender for the job. But, after discussion with the G.E. on 25th August, 1988, it was found that said Contractor had not given the lowest tender, but the petitioner informed the C.E. that













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