3. At present, the petitioner is seeking award of punishment to the respondent. The compliance affidavit filed by the respondent reveals that order was passed against the respondent – Executive Engineer, Construction Division, Public Works Department, Ranikhet, District – Almora, however, he rejected the representation of the petitioner. He further submits that he does not have jurisdiction or authority to create any post, be it regular or supernumerary. Subsequently, he referred matter to the Engineer-in-Chief/ HOD, Legal Cell, PWD, Dehradun, vide letter dated 11.07.2017. As per the legal opinion, the regularisation of a person having worked for a long time on part time basis is not proper. It was further directed to the respondent to take final decision and issue order. Thereafter, he vide letter dated 15.07.2017 had written to the Superintending Engineer, Circle – I, Public Works Department, Almora for issuance of office order and the Superintending Engineer vide letter dated 18.07.2017 directed the deponent to issue order and accordingly, he has issued a detailed order dated 21.07.2017, which was duly received by the petitioner on 21.07.2017 itself. The petitioner has concealed the factum of order dated 21.07.2017 having been passed by the answering respondent. The petitioner is guilty of concealment of material fact.
