C.S. NANDA Vs. DVB & ANR.

JUDGEMENT

(1.) Petitioner, a Meter Reading Inspector, was departmentally tried for not maintaining any seniority and disconnecting large number of electric connections of the defaulters on pick and choose basis and the Inquiry Officer exonerated petitioner of the charges vide order of 26th September, 2000 (Annexure-H). However, the Disciplinary Authority had recorded a 'Disagreement Note' (Annexure-I) and had proceeded to impose penalty of 'reduction by three stages in his present time scale of pay for a period of three years with further stipulation that he will not earn any increment of pay during the period of reduction and on the expiry of this period, the reduction will have the effect of postponing his future increment of pay'.

(2.) Petitioner's appeal against the Disciplinary Authority's order of 23rd January, 2001 (Annexure-C) was dismissed by Appellate Authority vide order of 10th September, 2001 (Annexure-B) and the review preferred by petitioner was also dismissed by the Reviewing Authority vide order of 15th February, 2002 (Annexure-A).

(3.) In this petition, quashing of orders of Disciplinary Authority, Appellate Authority as well as the Reviewing Authority is sought by petitioner's counsel by submitting that the 'Disagreement Note? of the Disciplinary Authority is mere reproduction of the charges framed and the evidence led and that there is no application of mind by the Disciplinary Authority and so, order of the Disciplinary Authority, Appellate Authority as well as Reviewing Authority needs to be quashed and the penalty imposed upon petitioner be also set aside. In this regard, attention of this Court is drawn to Inquiry Officer's Report (Annexure-H) to point out that the findings returned by the Inquiry Officer are in conformity with the evidence led and fully supported by the oral as well as documentary evidence.