ZENUL ABEDIAN GULAMNABI MALEK Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) Rule. Mr. Tushar Mehta, learned Advocate waives service of Rule for the respondents.

(2.) The petitioner's services have been terminated by order dated 4.11.1995. He was served with charge-sheet dated 29.9.1994. By the said memo, the petitioner, who was holding the office of Executive Engineer of Wanakbori, TPS was informed that a departmental enquiry has been instituted against him. He was asked to submit reply of the charges as stated in the accompanied Article of charges. The Article of Charges reads as follows:

(3.) I have heard Mr. H.K. Rathod, learned Advocate for the petitioner and Mr. Tushar Mehta, learned Advocate for the Gujarat Electricity Board. I have also perused the record produced before me. In the preceding paragraphs, I have reproduced the chargesheet and also the report of the Inquiry Officer. The article of charges, contains charges of misconduct of breach of regulations 1,5,7, 25 and 30 of Schedule 'A' appended to the Discipline and Appeal Rules. A. reading of the inquiry report shows that the Inquiry Officer has given any finding on each of the charges: and he simply, on certain informal talks with the petitioner, concluded that the petitioner has not admitted the guilt. In fact, the petitioner has not admitted the guilt, but he has only given explanation. He has also stated before the Disciplinary Authority that there were certain compelling reasons for which he had to remain absent. He was granted leave on all occasions considering the genuineness of the reasons.