R.K. RAMPAL Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner is aggrieved by order dated Dec. 18, 1985 which he was ordered to be compulsorily retired from service and the order dated July 17, 1985 by which his appeal against the order of compulsory retirement was rejected.

(2.) The departmental proceedings were initiated against the petitioner in the year 1982 and they culminated in the passing of these two orders. The grievance made in this petition was two fold. Firstly, it is contended that after the finding of the enquiry officer against the petitioner, no show cause notice as required under Regulation 9(4) of the Punjab State Electricity Board Employees (Punishment and Appeal) Regulations, 1971 (hereinafter referred to as Regulations) was given to the petitioner. Secondly, the petitioner claims that his appeal in which he had raised a number of points has been rejected by a wholly cryptic order without assigning any reason.

(3.) In the written statement filed on behalf of the respondents it has been inter alia pointed out that Clause (4) of Regulation 9 has been amended on Aug. 27, 1985. In the amended clause it was specifically provided that it shall not be necessary to give the employee any opportunity of making representation on the penalty proposed to be imposed. It was further averred that the appeal submitted by the petitioner was duly considered by the whole time members of the Board. Consequently, it has been prayed that the writ petition which is lacking in merit may be dismissed.