ANANT PANDEY Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) While the petitioner was working as Junior Electrical Engineer, Electric Supply Section, Triveniganj District Supaul under Koshi Area Electricity Board, Saharsa, in contemplation of a disciplinary proceeding, he was put under suspension on 8.6.1998 by an order of the same date and thereafter, the petitioner was served with a charge memo vide memo No. 284 dated 24.3.1999. The petitioner challenged the said suspension order by filing a writ petition being C.W.J.C. No. 2443 of 1999. The said writ petition was disposed of by an order dated 26.3.1999 by a learned Judge of this Court with a direction upon the respondents to complete the departmental inquiry within a particular time. Thereafter, the suspension order issued against the petitioner was revoked by an order dated 22.7.1999 and was made effective from 21.7.1999 instead of 22.7.1999. In the said enquiry, the Inquiry Officer submitted his report dated 5.7.1999. In the said report the Inquiry Officer after going through the records of the case and holding an inquiry found that the charges against the petitioner have not been proved.

(2.) Thereafter, a purported second show -cause notice dated 2.8.1999 was served upon the petitioner in which the authorities of the Board expressed disagreement with the findings of the Inquiry Officer and held that the charges are proved on certain grounds and the petitioner was asked to show -cause against certain punishment mentioned in the said second show -cause notice. On getting the said second show -cause notice the petitioner asked for certain documents but the petitioner was denied the same and it was pointed out that the time to submit reply to the second show -cause notice was extended and the said time will lapse by 29.11.1999. It appears that the petitioner having no option filed his reply to the second show -cause notice dated 2.8.1999. Thereafter, the final order was passed on 29.12.1999 imposing upon the petitioner the following punishment: 1. His three increments are stopped with cumulative effect. 2. He will never be posted in any supply Section.

(3.) He will not get anything beyond subsistence allowance during the suspension period. This period will be counted us on duty for post retirement benefits. 3. The main ground of attack in the disciplinary proceeding held by the respondent Board against the petitioner is about the manner in which second show -cause notice was issued to the petitioner.