KAPIL DEO YADAV Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This Letters Patent Appeal has been filed on an order in C.W.J.C. No. 6976 of 2001; Kapil Deo Yadav v. Bihar State Electricity Board and Ors. The order challenged is dated July 25, 2001.

(2.) The issue which has been presented on the writ petitions upon which the learned Judge was not inclined to agree is thus; The petitioner as a workman has been charged for certain misdemeanours during the course of service. In so far as the charge is concerned, it is not relevant in the present appeal nor it was relevant in the writ petition. The charge was that during a certain meeting of workers and staff the petitioner made objectionable utterances against the management. The Court will leave this aspect at this without reflecting

(3.) When the domestic enquiry was initiated and the petitioner was served with a charge on May 11, 2001, the petitioner was given an opportunity to present his defence. The petitioner indicated that he would like to be represented by one Chakradhar Prasad Singh, General Secretary of the Union at the Bihar State Electricity Board. In reference to this he was indicated by the management that he may make an alternate choice as according to the Standing Order No. 816 EB 12 DP-814/99 dated June 1, 1999, in effect, assistance from a retired Officer/Workman of the Board or an outsider may not be had as a defence assistance in a departmental proceeding.