GIRISH M SUTHAR Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) This Special Civil Application is directed against the order dated 11.7.1986 passed by the Chief Engineer, Gujarat Electricity Board, Wanakbori removing the petitioner from the service of the Gujarat Electricity Board as Assistant Chemist cum Plant Operator, Grade II.

(2.) The petitioner's case is that he was permanent employee of Gujarat Electricity Board. While he was working as Assistant Chemist cum Plant Operator, Grade II on 15.5.1986 he was placed under suspension vide order dated 15.5.1986 on the allegations of criminal action of unlocking the locked quarter No.E.36/1 of the Board at Wanakbori Thermal Power Station Colony on 14.5.1986 and forcibly occupying the same unauthorisedly and for organising the strike in Wanakbori Thermal Power Station (which is a public utility and essential service) of a section of GEB employees on 3.5.1986 and to instigate and to coerce the laboratory and D.M. Plant staff on duty to come out and join the strike on 3.5.1986. Besides this on the very same date i.e. 15.5.1986 a chargesheet had also been issued alleging against him that he had instigated the employees to go on illegal strike on various dates in the year 1985 between 16.4.1985 to 1.1.1986 and had also engaged his companions in the activities of causing damages for which criminal complaint had been filed against him at Thasra police station. Certain instances of his misbehaviour and misconduct were mentioned in the chargesheet. The charges were considered to be misdeeds of serious nature. By this chargesheet dated 15.5.1986 the petitioner was called upon to file reply within seven days and further that if he wants to rely on any witnesses he may give name, status and address of the witnesses so that it could be considered as to whether the permission to produce the witnesses at his cost may be granted or not. The petitioner filed reply dated 6.6.1986 denying the charges and allegations levelled against him in the chargesheet and also denying the charge of unlocking the locked quarter of the Board as was set out in the suspension order dated 15.5.1986.

(3.) The petitioner was then called for inquiry on 11.6.1986 through the letter dated 4.6.1986 and thereafter a show cause notice dated 25.6.1986 was issued calling upon him to show cause why his services may not be terminated. Alongwith this show cause notice dated 25.6.1986, a copy of inquiry report dated 16.6.1986 and copies of certain documents were also sent. The petitioner filed reply dated 30.6.1986 to the show cause notice and thereafter by an order dated 11.7.1986 the petitioner was terminated from the service of the Gujarat Electricity Board and this order was served upon the petitioner on 15.7.1986. This order dated 11.7.1986 has been challenged through this Special Civil Application on the ground that the same had been passed in breach of the priciples of natural justice, no inquiry worth the name was conducted against the petitioner, no opportunity was given to him, the petitioner has been victimized because the respondent was antagonized from him, simply because the petitioner had been representing and espousing the cause of the employees as part of his legitimate duty being the General Secretary of Bijali Mazdoor Panchayat which is a registered trade union. It has been submitted that when the petitioner was called in the office of the Chief Engineer, respondent No.2 on 11.6.1986 some questions were put to him. No witnesses on behalf of the management were examined in his presence nor copies of any documents were given to him on that day and the petitioner was thrown out of the employment. It has also been submitted in para 7 of the petition that the show cause notice, chargesheet etc. had been given by I/c Chief Engineer who himself conducted the inquiry secretly and terminated the services of the petitioner by taking impugned action in colourable exercise of the managerial power and that it is the case of the petitioner that the prosecutor has become a judge and witness. It has further been stated that the petitioner never occupied any quarter forcibly or illegally and that he was allotted the quarter by the Chairman of the Quarter Allotment Committee vide Annexture "H" dated 15.5.1986 annexed with the petition and that he had not resorted to any strike nor he had instigated any employee to resort to the strike. That no strike was declared to be illegal and that the impugned order was against the provisions of the service regulations framed by the respondent Board and pointed reference has been made to clause 6 and clause 7 which is exception to clause 6. A reference has also been made to clause 8 relating to summary proceedings. On these averments and grounds the relief is sought against the impugned order of removal from service and declaration that clause 7(vii) of the Regulation of the Gujarat Electricity Board is unreasonable, irrational and violative of Article 21 of the Constitution of India.