DAYA NATH SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the Counsel for the Bihar State Electricity Board (hereinafter referred to as the ?Board?).

(2.) Petitioner at the relevant time served as Chief Engineer cum General Manager, Tirhut Area, Electricity Board, Muzaffarpur. He has filed this writ application assailing the resolution of the Board dated 22.6.1996, Annexure-1,whereunder after conduction of enquiry proceeding he has been punished and his 10% pension forfeited with further direction that he shall not be paid more than subsistence allowance already drawn by him during the period of suspension. He has also been censured for the year 1995- 1996. Punishment order has been passed in the light of the resolution of the Board dated 22.8.1995 and 23.9.1995, Annexures 2 and 3, whereunder petitioner was placed under suspension and disciplinary proceeding was initiated against him pursuant to chgargesheet appended with resolution dated 23.9.1995, Annexure-3.

(3.) It is submitted on behalf of the petitioner that Enquiry Officer submitted report holding the petitioner guilty which was considered by the Board under resolution dated 22.6.1996, Annexure-1 and the punishment order was passed against the petitioner. Before the Board resolved to punish the petitioner, it is submitted that petitioner was not served with the copy of the enquiry report enabling him opportunity to rebut the findings recorded by the Enquiry Officer. It is submitted that finding of guilt recorded by the Enquiry Officer was accepted by the Board without giving the petitioner opportunity to rebut the same, the punishment order suffers from the vice of violation of natural justice and is arbitrary. In this connection, reliance is placed on the judgment of the Hon?ble Supreme Court in the case of MANAGING DIRECTOR, ECIL, HYDERABAD AND OTHERS Versus B. KARUNAKAR AND OTHERS, reported in AIR 1993(4) SCC 727, paragraph-31.