GOLAP CH. DAS Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) CHALLENGE made in this writ petition is to the legality and validity of the order dated 18 -03 -2005 passed by the Chairman, Assam State Electricity Board (ASEB) imposing the penalty of stoppage of five increments with cumulative effect on the petitioner and also directing that the period of suspension shall be treated as period absent from duty. Further prayer made is to consider the promotion of the petitioner which was denied because of his suspension and punishment.

(2.) CASE of the petitioner is that at the relevant point of time he was working as Assistant Manager (Accounts) in the office of the Superintending Engineer, Lower Assam Civil Circle, ASEB. Petitioner, who was placed under suspension, was served with a show -cause notice dated 27 -05 -2004 under Regularization 10(1) of the ASEB (General Service) Regulations (for Officers), 1960 (Regulations) to show -cause as to why he should not be penalized for the charges framed against him. The following were the charges framed against him: -

(3.) IT appears that the reply of the petitioner was not accepted by the disciplinary authority. Accordingly, enquiry was ordered to enquire into the charges framed against the petitioner. One Shri R.N. Bora, IAS (retired) was appointed as the Enquiry Officer. During the enquiry, eight witnesses were examined on behalf of the management, who were cross -examined by the petitioner. Petitioner did not examine any witness in his defence. However, petitioner's statement was recorded. At the conclusion of the enquiry, the Enquiry Officer submitted his report dated 13 -10 -2004 holding all the three charges against the petitioner to have been proved.