PRABODH CHANDRA PAIKRAY Vs. ORISSA STATE ELECTRICITY BOARD (DELETED) GRID CORPORATION OF ORISSA LTD. & ORS.

JUDGEMENT

(1.) This writ petition has been filed for quashing the entire departmental proceeding being D.P. No.405 dtd.31.3.1995.

(2.) The brief facts of the case of the petitioner is that while he was working as Jr. Engineer, Electrical Section No.II, Bhadrak in the year 1995, a departmental proceeding bearing No.405 dtd.31.3.1995 was initiated against the charges by the Chief Engineer -cum Member, Transmission, Distribution and Communication, O.S.E.B. It has been alleged that during his incumbency as Sub - Assistant Engineer, Rairangpur Electrical Section from 1979 -82 under the Executive Engineer, R.E.D., Rairangpur, the petitioner has committed some irregularities as per the report of vigilance enquiry. The allegation is that on the indent No.Nil dtd.23.3.1980 of the S.D.O., Electrical Sub - Division, Rairangpur the petitioner received 3 nos. of tyres with flaps and 3 nos. of tubes for departmental Truck bearing No.ORM -1638 from the stores, sub -deport, Baripada. The said materials have been issued by the store keeper vide issue voucher No.500 dtd.25.3.1980 and the same have been received by the petitioner which were meant for Truck No.ORM -1638 maintained by the Jr. Engineer, Josipur. It has been alleged that the above materials have neither been entered in the stock account of Rairangpur Section nor issued to Josipur Section. It has further been stated that on 14.2.1981 the petitioner issued 3 nos. of tyres with flaps and tubes for Josipur Electrical Section against Truck bearing No.ORM -1638 as per duplicate copy of issue voucher No. & date Nil which has been signed and received without date by the S.D.O., Electrical, Rairangpur. The said issue voucher has been seized by the Inspector, Vigilance, Rairangpur but the quadruplicate copy of the same shows that 4 X 40 watt F.L. Tube (80 nos.) and 40 watt Chock (80 nos.) were indented by the S.D.O., Electrical, Rairangpur for Joshipur section from Balasore Store Unit which has subsequently been struck off and the above tyres with flaps and tubes have been mentioned. It is ascertained from F.C. Mohanty, Ex -S.D.O., Electrical, Rairangpur that he placed an indent to Balasore stores deport for 80 nos. of 40 watt F.L. tubes and 80 nos. of 40 watt. Chock for Joshipur Electrical Section. As the E.S.O. Joshipur was absent he sent the indent in 5 copies through the E.S.O., Karanjia with his advance signature to have received the materials. Hence the following charges have been leveled against the petitioner:

(3.) Counter affidavit has been filed.