V THIMMIAH Vs. MYSORE STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner who was working as a Complaints Supervisor in one of the Stations in Bangalore of the Mysore State Electricity Board and whose services have been terminated after a departmental enquiry, impugns the order of termination.

(2.) The incident or circumstances in relation to which a charge of dereliction of duty was made against him and investigated in the above departmental enquiry, occurred on the afternoon of 24th September 1968. He was then on duty at a Zonal Service Station E-3 Sub-Division. At about 12-15 shortly afternoon, he received a message that a branch of tree had fallen on a power line on Spencer Road in Civil Area. As the snapping of the wires consequent upon the fall of tree remained unattended to for more than 1 hours, a child going to school got electrocuted on account of contact with the live wire and died. Three persons were charge-sheeted on the orders of the Chief Engineer in connection therewith, one of whom is the petitioner.

(3.) The particular dereliction of duty with which the petitioner had been charged was that in respect of a major breakdown and in spite of requests made he did not proceed to the spot to attend to the situation which if promptly attended to would not have resulted in such serious consequences. The petitioner was found guilty of the charge by the Superintending Engineer appointed as the Enquiry Officer by the Chief Engineer. On a consideration of the report, the Chief Engineer imposed the penalty of termination of service.