(1.) The petitioner has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking to quash the order dated 14.01.1991 (Annexure P-8) of his removal from service and the order dated 16.08.1993 (Annexure P-11) by which his appeal was rejected by the respondent-Board.
(2.) The petitioner was working as Junior Engineer (Field). He was suspended by Superintending Engineer (Operations) on the spot on 10.08.1981, and thereafter served with the charge-sheet dated 20.01.1982 (Annexure P-1) and supplementary charge-sheet dated 31.08.1982 (Annexure P-3). The first charge-sheet contained 9 articles of charges whereas the second dated 31.08.1982 comprised of 12 charges.
(3.) It was contended that the petitioner immediately submitted reply to both the charge-sheets but no further action was taken for about 5 years. Rather the petitioner was reinstated in service on 23.04.1983 (pending enquiry) by considering his reply to the charge-sheets. The petitioner could, thus, reasonably presume that his explanation was accepted and charges against him have been withdrawn. But suddenly the matter was revived and the enquiry officer appointed. It is urged that this happened because the S.E. (Operations), Hisar by then had taken over as Chief Engineer (Operations) at Delhi and thus, became the Disciplinary Authority of the petitioner.