1969 (3) TMI 86

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..... ating the work done by him in the annual repairs of the Aur Ring Bund (Embankment No. 31B) of Brahmani river under Mahanadi Division by falsely certifying that he had checked measurements in the measurement book which measurements were later found to be incorrect. This first charge concerned certain pits from which earth was extracted in the first mile, third and fourth quarters; sixth mile, third and fourth quarters; and seventh mile first quarter. In the first mile, there was a discrepancy of 3,137 c. ft., when the Executive Engineer verified the measurements. This was said to have caused a loss of ₹ 160 to the Government. In the fifth mile and the Eleventh mile, the measurements were said to have been inflated by about 27,367 c. ft .....

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..... checked by the Enforcement Department in the presence of the Executive Engineer on 21 July 1954 and the inflated measurements were discovered. The case of the appellant was that duo to natural causes such as rain, flood, etc, the pits and the witnesses had got obliterated. The report against him was that false witnesses had been created and the earthwork between the pits had been artificially raised to show a deeper digging, than was actually done. In fact the pits were supposed to go to a depth of one foot but they were invariably found to be only seven to eight inches deep. The question was whether the action of rain and/or floods was responsible for obliterating the true measurement and giving a wrong picture at the time of re checking. .....

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..... to a person by the supposed denial to him of a particular right. Here, the Question was a simple one, viz., whether the measurement book prepared for the contract work had been properly scrutinized and checked by the appellant or not. He did the checking in March 19S4 and immediately thereafter in May 1954, the Executive Engineer re-checked the measurements and found that the previous checking had not been done properly. Between March and May there could not be much rainfall, if at all, and the marks of digging according to the witnesses could not be obliterated during that time. It is, however, said that at the sixth and seventh mile the checking was done in July and by that time rains might have set in. Even so, the witnesses at the sites .....

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