P D KAPDI Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) By means of this petition, the petitioner has sought for quashing and setting aside the order dated 19-8-1993 removing the petitioner from service of the respondent Gujarat Electricity Board (hereinafter referred to as the "respondent Board" for short) with immediate effect which is confirmed by the Appellate Authority - Deputy General Manager (P) of the respondent Board by the order dated 6-12-1993 dismissing the appeal dated 25-9-1993 filed by the petitioner.

(2.) The petitioner was appointed as a trainee helper in the year 1976 by the Executive Engineer, Palanpur District Banaskantha in the respondent Board. The petitioner was promoted to the post of Meter Reader in the year 1987 and thereafter he was removed from the service by the order dated 19-8-1993 passed by the respondent no. 1. The charge sheet dated 13-8-1993 was issued to the petitioner by the respondent no. 1 for holding summary inquiry as per Clause 8 of the Bombay State Electricity Board Employees Conduct, Discipline and Appeal Procedure. He was charged for contravention of Rules 6, 8, 9 and 13 and the allegation of misconduct have been enumerated in the charge sheet. The petitioner remained present before the respondent no. 1 on 18-8-1993 at 4-00 p.m. as per the charge sheet. The petitioner was asked certain questions by the respondent no. 1 in presence of two witnesses and those questions and answers were treated as summary proceedings by the order dated 19-8-1993. The petitioner was removed from service with immediate effect.

(3.) Being aggrieved and dissatisfied with the order of the respondent authority, the petitioner preferred an appeal before the Appellate Authority of the respondent Board. The appeal was rejected by the order dated 6-12-1993. The order of removal has been removed passed by the competent authority under Rule 8 of the aforesaid Procedure, which reads as under :