BIHAR STATE ELECTRICITY BOARD Vs. RAGHBENDRA PRASAD

JUDGEMENT

(1.) The Respondent was subjected to departmental proceedings while he was in service on account of certain discrepancies in the Store at the relevant time when he was functioning as the Storekeeper at specified locations. The Enquiry Report exonerated him. Punishment nonetheless followed on 30.6.2003, for recovery of 1,10,626/- questioned in C.W.J.C. 9906 of 2003 which was allowed on 17.12.2003 with liberty to furnish reasons for disagreement with the Enquiry Report which were then furnished with fresh show cause duly replied when similar punishment followed questioned in C.W.J.C. 7188 of 2004 allowed on 21.7.2004. Fresh show cause notice followed leading to order of punishment dated 10.12.2004. The appeal against the same was rejected by order dated 15.3.2005 which was then questioned in C.W.J.C. 9570 of 2005* allowed on 24.10.2008, leading to the present appeal.

(2.) The judgment under appeal notices that the Petitioner specifically contended that he was being made a scapegoat in the episode being the smallest of all and that the Assistant Engineer and the Executive Engineer had not been proceeded against even though it was evident from a perusal of the Enquiry Report that they were equally guilty.

(3.) He had raised this issue in this memo of appeal also. The writ Court at paragraph-14 of the judgment notices that the Respondent/present Appellant at no stage addressed itself to the question as to why action had been taken against the Petitioner alone and the other authorities were not proceeded against.