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2013 Supreme(All) 2042

SUDHIR AGARWAL
BHAGWAT SARAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Anil Kumar Srivastava and Swarn Kumar Srivastava for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri A.K. Srivastava, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. The petitioner, Bhagwat Saran, was a Junior Engineer in U.P. Public Works Department (hereinafter referred to as the “UPPWD”). In 1991 he was working at Construction Division, UPPWD at Bansi. In respect to certain works which were measured and verified by him, the authorities found serious irregularities therein and consequently issued a charge sheet dated 13.3.2002 containing two charges. The aforesaid charges related to work done at Mehdawal-Bansi Road at kilometre 22 and Siswa-Bohli Road at kilometre 2.

3. The Chief Engineer, Gorakhpur was appointed as Inquiry Officer and the Executive Engineer, Construction Division, Bansi (District Siddharth Nagar) was nominated as Presenting Officer by Engineer-in-Chief, UPPWD vide order dated 28.2.2002. The inquiry could not conclude and in the meantime petitioner retired on attaining the age of superannuation on 31.12.2007. Since the inquiry could not be concluded till that date, and, the Inquiry Officer issued letter dated 23.7.2012 fixing 31.7.2012 as the next date for oral hearing, this wri















































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