K SUNDARARAJAN Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) BEING aggrieved by the order of penalty of dismissal from service and the consequential order of rejecting of his appeal memorandum with a slight modification in giving effect to the order of dismissal, the petitioner has filed the present writ petition.

(2.) IT is the case of the petitioner that he joined Electricity Board as NMR on 16.02.1960 and by hard work, he reached the stage of a Selection Grade Store Keeper (Grade-I). After 30 years of unblemished record of service in the board, by a memo dated 20.06.1990, he was directed to offer his explanation for the shortage of copper scrap stock weighing 1505.55kgs during the year 1989-90. In response to the same, the petitioner submitted his explanation dated 21.06.1990 stating that after a long leave availed by him for an open heart surgery, he could not concentrate fully in the work and was therefore constrained to accept the stock as handed over by his predecessor. He therefore submitted that the shortage could have occurred during the tenure of his predecessor and that there was no intention to deceive the Board or make any wrongful gain of the property as detailed in the memorandum.

(3.) ASSAILING the impugned orders, Mr.P.S.Seetharaman, learned counsel for the writ petitioner submitted that though the writ petitioner, was given 30 days time for taking over the stores and sign the Daily Report Sheets, due to stress and physical condition on account of the open heart surgery, which he underwent in the month of June 1989, he could not fully concentrate in checking up the stock handed over by his predecessor. Therefore the shortage was on account of negligence, for which a severe penalty of dismissal from service is disproportionate.