RAM GOPAL SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Ranjit Saxena, learned counsel for the petitioner and Shri Nripendra Mishra, learned counsel for the respondent nos. 2 to 6. Shri Pankaj Rai, learned Additional Chief Standing Counsel appears for respondent no.1.

(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned order No.196 dated 10.01.2012 issued by the Executive Engineer, Electricity Urban Distribution Division, 1st, Town Hall, Muzaffarnagar; the order No.1678 dated 28.5.2012 passed by the Superintending Engineer, Urban Distribution Circle, Muzaffarnagar and the order No.7150 dated 10.9.2012 passed by Chief Zonal Engineer, Paschimanchal Vidyut Vitran Nigam Ltd, Anupam Vihar Delhi Road, Saharanpur.

(3.) Brief facts giving rise to the present writ petition are that the petitioner was serving as Sub Station Operator at 66 K.V. Sub Station, Meerut Road, Muzaffarnagar. He retired on 30.6.2009 after attaining the age of superannuation. After the retirement, the petitioner has been paid all the retiral benefits and he started getting pension. Thereafter, he was served with a charge sheet on 29.9.2010. He demanded some relevant documents on 16.10.2010 from the Enquiry Officer. On 7.10.2011 the Enquiry Officer sent a letter to the petitioner informing that the papers demanded by him are not relevant for the enquiry. The petitioner again sent a letter to the Enquiry Officer on 11.10.2011 for supplying the papers demanded by him. On 14.10.2011 the Executive Engineer, Electricity Urban Distribution Division-1st, Town Hal, Muzaffarnagar sent a letter to the petitioner alleging, that in the independent feeder, there is tempering of the energy meters and the charge sheet was given to him. The petitioner informed the Executive Engineer on 22.10.2011 with regard to his retirement. On 28.11.2011 the Enquiry Officer again gave one week's time to the petitioner to give reply to the charge sheet to which he submitted his reply on 7.12.2011, denying all the charges levelled against him. Thereafter the Executive Engineer, Electricity Urban Distribution Division-1st, Muzaffarnagar passed the impugned order dated 10.1.2012 on the ground that the petitioner had worked against the interest of the Corporation and 10% pension of the petitioner has been directed to be deducted from January, 2012 onwards continuously. The petitioner filed an appeal on 10.3.2012 against the impugned punishment order dated 10.1.2012 before the Superintending Engineer, Electricity Urban Distribution Division Circle, Paschimanchal Vidyut Vitran Nigam Ltd, Muzaffarnagar on the ground that the impugned order was passed in violation of Regulation 351-A of the Civil Services Regulation. The Superintending Engineer rejected the appeal on 28.5.2012. Thereafter the petitioner filed an appeal before the Chief Zonal Engineer, Distribution, Paschimanchal Vidyut Vitran Nigam Limited, Saharanpur against the orders dated 10.1.2012 and 28.5.2012. The Chief Zonal Engineer rejected the appeal on 10.9.2012.