M P ELECTRICITY BOARD Vs. GIRISH KUMAR TOMAR

JUDGEMENT

(1.) RESPONDENT herein and petitioner in W. P. No. 236/1997, was appointed as Asstt. Grade III, in M. P. Electricity Board, (in short 'mpeb'), on 7-7-1981 and he was also a union worker. A show-cause notice was issued to him on 15-11-1995 calling upon him to reply about his absence from duty and was also suspended on 16-11-1995 and transferred from Gwalior without fixing his placement, on 29-1-1997. An Inter Regional Cricket Tournament was arranged by the officers of MPEB and it was alleged that the respondent entered on the scene and abused organizer of the Tournament and threatened them not to allow Chief Engineer to distribute the price. On these allegations, the services of the respondent were terminated vide order dated 3-2-1997 (Annexure P-10), without holding any enquiry, against which, writ petition was filed before learned Single Judge.

(2.) THE appellant MPEB, in return contended that the respondent/petitioner had an alternative remedy by way of appeal against the order of termination and further, he could have moved to Labour Court, under M. P. Industrial Relations Act. On 28-6-1990, the petitioner had abused and threatened the office Superintendent and others. A charge-sheet (Annexure R-1), was issued to him, however, the enquiry could not be conducted because, none of the witnesses out of fear could come forward to give evidence. In the circumstances, respondent was reinstated on 22-2-1991 and on 24-3-1992, was posted at Hetampur in Distt. Morena. The respondent entered the office of Executive Engineer, Morena in drunken state and threatened him with dire consequences. He also abused Shri CB. Singh (O and M), Morena and a first information report in that connection was also lodged and the criminal case is still pending. On 4-11-1995, respondent alongwith his colleagues entered into the house of Gopal Tiwari, the then Addl. Chief Engineer, Gwalior and tried to abduct his son. He beat the orderly and also threatened to kill him. A First Information Report of this incident was also lodged and then he was placed under suspension. On 13-8-1996, respondent entered the office of Superintending Engineer (O and M), Morena, in a drunken state and abused Shri O. P. Gupta, Superintending Engineer (O and M) with dire consequences. A Panchnama was prepared with respect to the incident. Looking to the totality of the facts and circumstances, it was found not practicable to hold Departmental Enquiry against him, as his work and conduct was also found against the interest of industry.

(3.) IT was contended before learned Single Judge that the order of termination from services by the Executive Engineer is illegal as the employees of MPEB are governed by the regulations under Section 79 (c) of the Electricity (Supply) Act, 1948, and under Clause 13-B of MPEB (General) Service Regulations, 1952, (hereinafter would be referred as 'regulations'), and Section 79 of the Electricity (Supply) Act, no order of dismissal or removal from service can be passed against the servants of Board unless an enquiry is held. Under Proviso of Regulation 13-B, power to dispense with holding of enquiry, has been given to the Board and in the circumstances, Executive Engineer had no power to dispense with the enquiry contemplated under Section 79 (c) of the Act.