MAITHELI SARAN GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 20.12. 2004 whereby the penalty of lowering of pay scale has been imposed together with recovery of a sum of Rs.44,800/- being the cost of transformer alleged to have been sold by the petitioner.

(2.) The petitioner was working as a Junior Engineer in the Electricity Test Division of the U. P. Power Corporation Ltd. Jhansi. By the order dated 18.6.2004 he was placed under suspension on an allegation that he installed a 100 KVA Transformer at Pal Colony, which it was not entitled to install. The second charge was that while installing the pole in LT Line in Gole Mohar Colony to provide electricity to the non-entitled persons, he shifted the Pole according to his own desire. A chargesheet containing these two charges was issued to the petitioner on 29.7.2004 and an Enquiry Officer was appointed and an enquiry was held. In the enquiry the guilt of the petitioner was established whereupon a letter dated 29.11.2004 was issued to the petitioner providing him with a copy of the enquiry report dated 23.10.2004 and calling for his explanation. The petitioner submitted his explanation on 6.12.2004 and the Disciplinary Authority not being satisfied with the said explanation proceeded to impose the penalty by order dated 20.12.2004 (impugned order).

(3.) Aggrieved by the order of penalty, the petitioner preferred a memo of appeal dated 31.1.2005 to the Appellate Authority, Director, U.P. Power Corporation Ltd. (Personnel & Administration), Lucknow. The appellate authority rejected the appeal of the petitioner by his order dated 15.12.2005 (impugned order).