MALKIT SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing order dated 14-1-2005 (P1), suspending the petitioner from the post of Head Cashier, Punjab State Electricity Board, Sub-Division Officer, Amloh. A further prayer has been made for issuance of direction to respondent to reinstate the petitioner with all consequential benefits including full back-wages.

(2.) Facts are not in dispute. The petitioner was appointed as Lower Division Clerk with the Punjab State Electricity Board (for brevity 'the Board') on 20-8-1991. He was placed under suspension on 14-1-2005 while discharging the duties as Lower Division Clerk-cum-Cashier in the Sub-Division Office of the Board, Amloh. On 21-1-2005, FIR No. 5 was registered against him, alleging embezzlement of huge public fund. As a consequence he was arrested and challan has already been presented. In the meanwhile, he continues to remain under suspension and the Board has also issued a charge-sheet dated 6-7-2005 (P4) to the petitioner to which he has filed a reply (P5).

(3.) We have heard the learned counsel for the petitioner, who has submitted that the order of suspension has been passed by an Additional Superintending Engineer, Administration Block, Amloh who is not competent authority as the order of suspension could only be passed by a Superintending Engineer who is the appointing authority of the petitioner. He has referred to Appendix 'C' of the Punjab State Electricity Board Ministerial Services (Class-III) Regulations 1985 and has argued that according to Regulation 4 read with Appendix 'C'; it is Superintending Engineer who is the appointing authority of the petitioner and he alone could pass an order placing the petitioner under suspension.