VASANT RAGHUNATH TUPEKAR Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS Petition filed under Article 226 of the constitution of India impugns the order dated 12. 3. 2001 passed by the Chairman of the Maharashtra state Electricity Board (hereinafter referred to as the State Board) reverting the Petitioner from the post of Chief Engineer to that of Superintending engineer.

(2.) THE facts necessary for adjudication of the issues raised in the Petition are narrated hereinunder:-The Petitioner joined the services of the respondent No. 1 i. e. State Board in August, 1965 as Junior Engineer. The Petitioner in due course was promoted to the post of Assistant Engineer, thereafter to the post of Deputy Executive engineer, Executive Engineer and to the post of superintending Engineer in the year 1995 and thereafter to the post of Chief Engineer in the year 1999 and was at the relevant time working as chief Engineer, Aurangabad Zonal Office, aurangabad. The Petitioner therefore reached the highest echelon in service. It is the case of the petitioner that all along he had a clean and unblemished service record. The Petitioner was to superannuate on 31. 3. 2001. The Petitioner while serving as Chief Engineer at Zonal Office at Aurangabad was issued a show cause notice as regards certain alleged irregularities and misconducts committed by the petitioner during his tenure as Superintending engineer, Ahmednagar between the period March, 1995 to 24. 2. 1999. The gravamen of the allegations in the said show cause notice are reproduced hereinunder:-

(3.) THE Petitioner vide his letter dated 16. 2. 2001 replied to the said chargesheet. The Petitioner denied the fact that he was in collusion with the consumer. The Petitioner stated that in fact he was the person who was responsible for initiating the action against the consumer which was triggered by his letter dated 23. 6. 1996. It would be relevant to reproduce some of the paragraphs of the petitioners reply:-