PUNJAB STATE ELECTRICITY BOARD Vs. NARINDER SINGH

JUDGEMENT

(1.) This is defendants' second appeal.

(2.) The plaintiff-respondent was working as a clerk with the Punjab State Electricity Board. On November 3, 1986, a charge sheet was served upon him. He submitted a reply denying the charges. An enquiry was held. Ultimately, the Board passed an order on March 8, 1990 by which the penalty of removal from service was imposed on the plaintiff. Aggrieved by this order, he filed a suit on March 26, 1990 for a declaration that the order of removal dated March 8, 1990 was illegal and void. It was inter alia alleged that the plaintiff was not afforded "an opportunity during the course of enquiry"; "no findings of the Enquiry Officer were supplied to the plaintiff either before passing the removal order or along with the removal order which is mandatory under PSEB Employees (Punishment and Appeal) Regulations, 1971 and that no show cause notice was served upon the plaintiff which is against the principles of natural justice."

(3.) After examination of the evidence, the learned trial court inter alia observed in paragraph 10 that "preliminary enquiry was held and its copy was not supplied to the plaintiff prior to the start of regular enquiry. It has also been admitted that copies of statements of the witnesses recorded during the course of preliminary enquiry were also not supplied to the plaintiff. Copy of final report of enquiry officer has also not been supplied to the plaintiff at any point of time either before the impugned order was passed on 8.3.1990 or at the time of passing of impugned order. It has been admitted that show cause notice was not served to the plaintiff in this case." Accordingly, the learned court concluded in paragraph 13 that "due to these reasons singly and collectively the order of removal from service passed against the plaintiff is bad in law. It cannot be sustained and is liable to be quashed." The trial court, thus, decreed the suit.