Hon’ble Virendra Vikram Singh, J.—Heard Sri M.K. Gupta, learned Advocate assisted by Sri Prabhakar Dwivedi who appeared in support of this petition and learned Standing Counsel for the State.

2. Prayer in this petition is for quashing the order dated 26.12.2011 passed by respondent No. 1 by which petitioner has been given adverse entry of withholding one increment permanently.

3. By an amendment application the order dated 11.4.2012 has also been challenged by which petitioner has been said to be not entitled to get full salary of the period of suspension and a further prayer is for a direction to the respondents to pay entire arrears of salary of the period of suspension also.

4. For disposal of the writ petition preliminary fact is to be noticed.

5. Petitioner was posted as Executive Engineer in District Kannauj under Pradhan Mantri Gramin Sadak Yojna (PMGSY). By Government Order dated 28.7.2010 reconstruction of the division under aforesaid Yojna was proposed. Under re-established division (Construction Division-2 Kanpur Nagar) was carved which is clear from the above Government Order. Petitioner was given charge of that division on 11.8.2010. By letter of the Superintending Engineer dated 15.9.2010 various Blocks of that Division and work related thereof was entrusted. Thus petitioner got actual charge of the Division on 15.9.2010.

6. In the charge and work mentioned thereof, the work of internal road of Dr. Ambedkar Village, Newada Bhaggi reaching upto Primary School was not included and as such there was no question of construction of the said road upto Primary School and that was not within the jurisdiction of the petitioner.

7. Visit of Hon’ble Chief Minister was scheduled for 8.2.2011 and during that visit the said road was not found to be constructed upon which immediately order of suspension was announced and that was published in the daily newspaper of 9.2.2011. Petitioner was placed under suspension by order dated 10.2.2011 upon which petitioner filed writ petition in this Court in which on 13.2.2012 order for paying entire salary of the period of suspension was passed. Special Leave Petition was filed by the State which was disposed of on 9.12.2012. The Inquiry Officer who was appointed, submitted his report on 20.6.2011 (Annexure-14 to the writ petition). In the inquiry report out of five charges no charge was found to be established.

8. After submission of the inquiry report again a fresh inquiry was directed and it is thereafter on 16.11.2011 the Chief Engineer (Central Region) again opined that he has examined the matter and heard both sides and he agrees with the earlier inquiry report which was submitted by the inquiry officer.

9. Dis-agreeing with both the inquiry reports a show cause notice was given to the petitioner which was replied and ultimately on 22.11.2011 in respect to punishment, show cause notice was given which was also replied. By order dated 26.12.2011 petitioner has been found to be guilty of the charges and the order of punishment was passed.

10. Submission of the learned counsel for the petitioner is that order of suspension was in fact announced/passed on that very date of the visit of Hon’ble Chief Minister i.e. on 8.2.2011 but that was given to the petitioner on 10.2.2011, and therefore, it is a case where without any verification of fact about responsibility of the officer who is connected with construction of the road, an arbitrary decision has been taken.

11. Submission is that petitioner was required to prepare estimate for construction which he immediately did after getting charge in November, 2010. Vide letter dated 27.12.2010 the District Magistrate also wrote to the Government for administrative/financial sanction for construction of the road upto the Primary School alongwith estimate and the same was again written by the District Magistrate on 17.1.2011 (Annexure 7 and 8 respectively) but it was never sanctioned and only three days back, amount was admitted to be sanct