SUKHEN KONWAR Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. B. Chakraborty, the learned counsel appearing for the petitioner. The Assam State Electricity Board (ASEB) and their officials are represented by the standing counsel, Mr. S. Chakraborty. The learned counsel Ms. P. Thapa, appears for the respondent No.9.

(2.) The challenge here is to the order dated 30.1.2010 (Annexure-J) , whereby dismissal of the petitioner is ordered through the Disciplinary Proceeding (DP) , drawn up under the ASEB (General Service) Regulations, 1960 (hereinafter referred to as 'the ASEB Regulation') . At the relevant time, the delinquent served as LDA cum Cashier in the Dibrugarh Electrical Sub-Division and the following allegation was leveled against him, under the charge memo dated 31.8.2009:

(3.) In his reply, given on 12.9.2009, the delinquent denied the charge and explained that the theft incident on 24.6.2009, must be the act of some unknown miscreants and requested for exoneration from the charge. However, the explanation of the delinquent was found to be unsatisfactory and accordingly, one D. K. Boruah was appointed as the Inquiry Officer. He mentioned the three charges under enquiry as follows: