Law:

Section:

Civil service-- --Removal from service--Petitioner working as an Overseer in Cantonment Board--Main allegations levelled against civil servant were that he recommended final payment to be made to contractor for laying water supply pipeline without checking whole work done which resulted in a loss to Cantonment Board and that petitioner failed in his duty to record measurement of work done at site in measurement book--Record showing that petitioner was not associated with inquiry held into allegations against him yet Enquiry Officer found that explanation submitted by him was supported by relevant record-­Finding of Enquiry Officer was that irregularities were committed in absence of petitioner who was on leave during which period another overseer recorded measurements which were countersigned by Cantonment Executive Officer--Enquiry Officer further observed that petitioner's failure to check and correct wrong and fabricated measurements recorded during his absence on leave proved him to be inefficient and indirectly involved him in embezzlement--Minor penalty was recommended by Enquiry Officer in respect of petitioner while strict disciplinary action was recommended in respect of overseer who managed whole scheme during absence of petitioner--Enquiry was held in absence of petitioner and without notice to him--Copy of enquiry report was not supplied to him when he was served with show-cause notice--Enquiry Officer recommended minor punishment to enable petitioner to correct and improve his conduct but petitioner was awarded major punishment of removal from service--Detailed explanation submitted by petitioner in his reply to show-cause notice not shown to have been considered by competent authority before passing order of dismissal and proper hearing was not afforded to him--Averments made by petitioner in his petition were not controverted by Government Authority who even failed to file a written statement--Held, impugned order was based on erroneous assumption qua findings recorded in enquiry report and Authority concerned passed orders without proper application of mind to relevant material on record particularly enquiry report, petitioner's reply to…

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