P D MAHAJAN Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner who is serving in the Haryana State Electricity Board (for short the Board) as an Assistant Executive Engineer has impugned order dated 9.9.1987 (Annexure P.8) passed by respondent No. 1 vide which in terms of Regulation 8 read with Regulation 12 of the Haryana State Electricity Board Employees (Punishment and Appeal) Regulations, 1980 an Enquiry Officer has been appointed to conduct an enquiry into the charges levelled against him as contained in charge-sheet served upon him vide memorandum No. 2/Conf. 932 dated 22.3.1985.

(2.) The challenge to holding of the enquiry on the basis of the aforesaid memorandum is on the ground that the petitioner had submitted his reply to the above said charge-sheet on 15.4.1985 and the same having been found satisfactory, the charge-sheet was withdrawn with the approval of the Chairman of the Board. As such no enquiry, on the basis of charge-sheet which was withdrawn vide order dated 30.1.1987, can be conducted as it will amount to double jeopardy to the petitioner. Therefore, order dated 9.9.1987 is not sustainable in the eyes of law and is liable to be quashed.

(3.) The facts of the case are that the petitioner was issued a memorandum dated 22.3.1985 (Annexure P.1) along with statement of charges (Annexure P.2) and summary of allegations (Annexure P.3). He submitted his detailed reply to the same, the copy of which is Annexure P.4 to the petition. His reply was considered by the respondents and the same having been found satisfactory the charge-sheet served on him was withdrawn vide letter dated 30.1.1987 (Annexure P.5). It was on 9.9.1987 that the petitioner was informed vide order Annexure P.8 that charge-sheet bearing memorandum No. 2/Conf-932 dated 22.3.1985 had been revived and a regular enquiry would be conducted against him.