VIJAY KUMAR KHARRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As common question of law and facts are involved in both the writ petitions, they are heard analogously and are being disposed of by this common order. On earlier occasion this Court vide order dtd. 24/8/2022 and 5/9/2022 disposed off both the petitions as the petitioners are employees of the Chhattisgarh State Power Distribution Company Limited and the petitioners have remedy of raising Industrial Dispute before the Labour Court constituted under Chhattisgarh Industrial Act, 1960 (in short 'the Act of 1960'). Being aggrieved with these orders the respondents have preferred Writ Appeal No. 81/2023 and Writ Appeal No. 155/2023. The said Writ Appeals were allowed by the Hon'ble Division Bench remanding back the matters for fresh consideration after giving opportunity of hearing to the respondents - Chhattisgarh State Power Distribution Company Ltd.

(2.) Brief facts as reflected from the records are that the petitioner-Mohan Mohdikar in WPS No. 5680/2022 was working as Office Attendant Grade-I/ Senior Accounts Officer with the Chhattisgarh State Power Distribution Company Ltd. He was charge-sheeted on 15/10/2015 on the count that work orders were issued to the contractors but work was not done by them and without inspection the payments were made to them thereby causing loss of Rs.4,09,36.,163.00 to the company and after holding departmental inquiry he was imposed with major punishment and his pension has been permanently withheld and stopped @ 40% vide its order dtd. 30/7/2021 against which he has preferred an appeal before the Deputy General Manager (Human Resources)-3 Chhattisgarh State Power Distribution Limited Company, Raipur who vide order dtd. 3/6/2022 has rejected the said appeal. The petitioner has filed the present writ petition assailing both the orders before this Court.

(3.) The petitioner- Vijay Kumar Kharra in WPS No. 4881/2022 was working as Assistant Grade-II in the office of the Executive Engineer, Sakti Division. He was charge-sheeted on the count that the payments were made to two different contractors without inspection and without work completion certificate for same bills thereby caused loss of Rs.38,68,940.00 to the company. He was placed under suspension vide order dtd. 27/9/2014. In pursuance of the charge sheet enquiry was conducted and punishment order dtd. 29/6/2021 was imposed upon the petitioner by which he has been reverted from the post of Assistant Grade -2 to Assistant Grade-3 and fixed lower pay four times below (corresponding lower) in metric S-5 of Assistant Grade -III and further directed that the suspension period shall not be included in duty period for any purpose. The petitioner preferred an appeal before the Board of Directors which was dismissed vide order dtd. 1/6/2022. The petitioner has filed the present writ petition assailing both the orders before this Court.