GURBACHAN SINGH BACHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) What are the consequential benefits payable to the petitioner after his removal as Administrative Member of the Punjab State Electricity Board ('Board' for short) as been set aside, is the question that requires consideration in this case on its remittance from the Hon'ble Supreme Court of India.

(2.) The petitioner was appointed as Member of the Board for a period of two years vide notification dated 24.12.2001 (Annexure P2). He joined as Administrative Member on 26.12.2001. After about two months and twenty days, the State Government, acting on the complaints received from an Ex-Administrative Member of the Board and the Office Secretary of the Punjab Pradesh Congress Committee that the petitioner has mis-used his position as Administrative Member of the Board by campaigning during the Assembly Elections, placed him under suspension vide order dated 7.3.2002.

(3.) The petitioner-challenged the order of suspension in C.W.P. No. 5056 of 2002 by alleging mala fides against the respondents. In the reply filed on behalf of the State Government, it was averred that the petitioner is likely to be charge-sheeted and appropriate action would be taken after holding regular enquiry. During the pendency of the petition, the Inquiry Officer conducted an ex pane enquiry against the petitioner and submitted report to the State Government. In view of that development, the writ petition was disposed of on 2.5.2003 with the direction that the Competent Authority shall take final decision in the matter in accordance with law. The prayer of the petitioner with regard to grant of subsistence allowance was ordered to be considered by the Competent Authority. Thereafter, vide order dated 23.6.2003, the petitioner was removed from the post of Member of the Board in terms of Section 10(l)(e) of the Electricity (Supply) Act, 1948 ('Act' for short). It was observed that the Administrative Members of the Board was a tenure post and there was no provision in the Punjab State Electricity Board Chairman Powers Rules for giving subsistence allowance/salary to any Member during his suspension and as such the petitioner was not entitled to any subsistence allowance or salary during the period of his suspension.