LAWS(ALL)-2023-10-113

ASHWANI BEDI Vs. STATE OF U. P.

Decided On October 19, 2023
Ashwani Bedi Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 20/8/2022, passed by the Managing Director, Paschimanchal Vidyut Vitaran Nigam Limited, Meerut, punishing the petitioner with award of a censure entry and withholding one increment with cumulative effect. Also, under challenge is the charge-sheet dtd. 15/2/2021 and the inquiry report dtd. 2/3/2022, the inquiry report being one submitted by the Temporary Inquiry Committee, VI.

(2.) The facts giving rise to this writ petition are that the petitioner was appointed an Assistant Engineer in the service of the U.P. Power Corporation on 24/7/2014. He was posted as the Sub Divisional Officer, Electricity Sub-Station Division-II, Gulawathi under the Electricity Distribution Division-I, Bulandshahr on 8/8/2014. He is presently posted as the Assistant Engineer (Revenue), Electricity Distribution Division-III, Bulandshahr. A letter dtd. 11/9/2015 was issued by the Executive Engineer, Electricity Distribution Division-I, Bulandshahr and forwarded by the Superintending Engineer, Electricity Distribution CircleII, Bulandshahr to the Chief Engineer (Distribution) Ghaziabad Zone, Ghaziabad. It was said that there was an illegal shifting of some electricity poles carrying the 33 KV line from the 132/33 KV Sub-Station, Gulawathi to 33/11 KV Sub-Station, Gulawathi No.1, wherein the petitioner appeared to be involved. On the basis of the said allegation, the petitioner was suspended from service pending inquiry vide order dtd. 18/9/2015. Upon condition that the inquiry would continue, the petitioner was reinstated in service by the Chief Engineer, Ghaziabad Circle Ghaziabad vide order dtd. 1/10/2015. The petitioner was attached to the office of Electricity Distribution Circle-II, Bulandshahr.

(3.) There are then averments about the grievance made by the petitioner to release his salary and allowances for the period of suspension, as the disciplinary proceedings were continuing for a very long period of time and no charge-sheet was served for more than four years. In the meantime, the respondents stopped the petitioner's increment pending settlement of his entitlement to receive salary for the period of suspension from service. This led to a writ petition before this Court, being Writ Petition No. 825 of 2020. These are details and matters, which are not very relevant for the purpose of the present writ petition. The petitioner was served with a charge-sheet on 15/2/2021, that is to say, more than five years after the suspension order was passed against him. The charge against the petitioner, carried in the charge-sheet dtd. 15/2/2021, which is the solitary charge and issued by the Inquiry Committee with the approval of the Managing Director, reads: <IMG>JUDGEMENT_113_LAWS(ALL)10_2023_1.jpg</IMG>