MADHYA PRADESH ELECTRICITY BOARD Vs. S.K.DUBEY

JUDGEMENT

(1.) By an order dated 12-4-2013 passed in Review Petition, learned Single Judge has referred the following questions for consideration by a Larger Bench:--

(2.) The petitioners, thereafter filed the Review Petition No. 172/2009 seeking review of the order dated 19-1-2009, inter alia, on the ground that in view of the order dated 7-5-1999 issued by erstwhile M.P. Electricity Board, the Competent Authority to impose the punishment on the Assistant Engineer who is promoted under the Time Bound Promotion Scheme till his absorption against the regular vacancy, is Superintending Engineer. Learned Single Judge, during course of hearing of the review petition, by order dated 12-4-2013 referred the questions, stated supra, for consideration by a Larger Bench.

(3.) Learned Counsel for the petitioners submitted that though a Junior Engineer is granted the benefit of promotion under the Time Bound Promotion Scheme yet he carries out the duties and functions of the post of Junior Engineer. It is further submitted that once a Junior Engineer is absorbed against regular vacancy of Assistant Engineer, he would only then have power and functions of Assistant Engineer. While inviting the attention of this Court to the order dated 7-5-1999, it was submitted that the Superintending Engineer continues to be Disciplinary Authority in respect of Junior Engineers till the Junior Engineers promoted to the post of Assistant Engineer under the Time Bound Promotion Scheme are absorbed against the regular vacancy of Assistant Engineer. It is also urged that in order to remove frustration, the employees are given a higher grade in terms of emoluments while retaining them in the same category. In support of his submissions, learned Counsel for the appellants has placed reliance on the decision in Dwijen Chandra Sarkar and another v. Union of India and others, 1999 2 SCC 119.