The inquiry proceedings must adhere to the principles of natural justice, including the requirement to lead oral evidence and conduct a fair inquiry.

JUDGMENT :

1. The petitioner is an Executive Engineer in the employ of the Pashchimanchal Vidyut Vitran Nigam Ltd., Meerut and functioning under the overall control of the U.P. Power Corporation Limited, Lucknow. The petitioner is currently posted as an Executive Engineer with the Electricity Distribution Division-IV, Ghaziabad and says that he has an excellent service record. The petitioner was appointed an Assistant Engineer on 16.06.2012 and posted as SDO (T) at Banda on 16.06.2012. He worked there upto 31.05.2017. After a posting at Panki Sub-Station from 01.06.2017 to 05.10.2017, he was promoted to the post of an Executive Engineer on 06.10.2017. Upon promotion, the petitioner was posted as the Executive Engineer, Headquarters, Meerut on 13.12.2017. The petitioner was assigned to the Meter Department as Executive Engineer (Meter) at Saharanpur Zone from 13.12.2017 to 26.01.2018. He was transferred to the Electricity Distribution Division-I, Baghpat on 26.01.2018. The petitioner held administrative powers and had to look after the financial matters there.

2. It is the petitioner's case that in the Finance Department, he had the assistance of a number of ministerial functionaries, such as the reconciliation clerk, a cashier, a head cashier, an accountant and an assistant accountant, working under the immediate control of an Assistant Engineer (Finance), who headed the Section. The petitioner, as the Executive Engineer, had overall control in financial matters. There were a number of complaints against the Assistant Accounts Officer (Revenue). Therefore, the petitioner sent a memo dated 28.03.2018 to Ishpal Singh, Assistant Accounts Officer regarding the permanent disconnection files, correction of bills and opening of the ID in fluent grade etc., the same day. The petitioner recommended the Assistant Accounts Officer's transfer to the Superintending Engineer. The Assistant Accounts Officer was transferred on the petitioner's recommendation and relieved on 28th May, 2018, while absenting. The petitioner communicated with the Competent Authority at Meerut to prepare an ID for the Assistant Accounts Officer and for other employees in the Finance Department. The petitioner has come up with a number of details in his pleadings regarding how he had controlled and dealt with the Finance Department under his administrative control, but all that may not be relevant for the decision of the matter at hand.

3. The case relating to the present proceedings against the petitioner arose out of the misconduct of one Suresh Babu, a Cashier (Technician Grade-II), who was not directly under the petitioner's control, but working under the Assistant Engineer (Finance). There was something suspicious about Suresh Babu's manner of functioning. The petitioner through a letter dated 23.04.2019 directed the Accountant to reconcile accounts with deposits in the Divisional Office, besides calculation of interest and apprise him in the matter. A deficit of Rs.1,44,84,108/- was found in the online billing of HCL and Fluent Grade Systems. Accordingly, a letter was written to Suresh Babu on 10.05.2019 to deposit the receipt/ challan relating to the balance in three days time.

4. The petitioner lodged a First Information Report on 15.05.2019 with the Kotwali Police Station, Baghpat against Suresh Babu. The petitioner also informed, as he says, all the Authorities concerned regarding the non-deposit of receipt-books by Suresh Babu. Suresh Babu, in the meantime, was promoted to the post of a Junior Engineer and the petitioner sent a memo dated 09.03.2019 for the closure of his computer ID, as he was relieved on 08.03.2019 to join his promotion post. Suresh Babu worked under the immediate control of the Assistant Engineer and prior to information about the deficit etc., received from the Accountant, the petitioner had no information about his misdoings. It is emphasized that so far as the provision of a ‘No Dues Certificate’ to Suresh Babu is concerned, there was