J L KHANNA Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) The petitioner has impugned the disciplinary proceedings, charge sheet/memo dated 12.7.1988 and the show cause notice dated 5.8.1997 on the ground that the person issuing the charge sheet and show cause notice was not competent to be the disciplinary authority for the petitioner since he was holding a current duty charge and additional charge respectively.

(2.) The petitioner was working as an Inspector in the Meter Testing Department with respondent No.1 when a complaint was filed against him. A memo was issued to the petitioner on 12.7.1988 and thereafter departmental proceedings were initiated and Mr.S.N.Jha was appointed as an enquiry officer. The enquiry officer submitted the report dated 6.5.1996 finding the charges against the petitioner partly proved. The petitioner was served with a memorandum/show cause notice dated 5.8.1997 as to why services of the petitioner should not be terminated by imposition of a major penalty and thereafter filed the present writ petition.

(3.) In terms of the order dated 21.8.1997 it was directed that the final decision may not be implemented till the next date. This interim order has been continued till date. On 8.5.2002 it was noted in the proceedings that the petitioner had approached the Court at the stage of issuance of show cause notice by the disciplinary authority itself and in view thereof learned counsel for the petitioner confined his submissions only to the issue of the competency of the disciplinary authority to issue the charge sheet and show cause notice on the ground that the said disciplinary authority was holding only a current duty charge.