LAKHANDEO SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ petition the petitioner has assailed the validity of the order contained in An -nexure 19 and also the final order contained in Annexure 20, whereby and whereunder the petitioner has finally been dismissed from service and further it has been djpsied that he shall not be paid any allowance other than subsistance allowance, which has already been paid to him during the period of his suspension and further that a sum of Rs. 2,50,177.70 paise has been ordered to be recovered being the cost of materials out of the amount payable to him consequent upon his dismissal from service.

(2.) IN short the relevant facts are that a departmental proceeding was initiated against the petitioner in which the Enquiry Officer submitted his report vide Annexure 18. On consideration of the said report the respondent - Board vide its Resolution No. 1776 dated 24.8.1995 issued a second show cause notice to the petitioner against the proposed punishment. The petitioner claims that he demanded certain papers but the same were not supplied and as such he was denied of the opportunity of filing his second show cause. However, the authority passed the final order contained in Annexure 20 imposing the aforementioned punishment.

(3.) IN view of the aforesaid settled principle the learned counsel for the respondent -Board has not been able to defend the impugned order. Bare perusal of Annexure 19 shows that the Board after differing with the findings of the Enquiry Officer has found the petitioner guilty of committing serious misconduct and it is only against the proposed punishment of dismissal that the petitioner has been called upon to file his second show cause and pursuant to it final order vide Annexure 20 has been passed. Under such circumstances it has rightly been submitted by the learned counsel for the petitioner that the impugned Resolution contained in Annexure 19 and the impugned order contained in Annexure 20 cannot be sustained and they are, accordingly, quashed.