THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS SECRETARY HAVING ITS OFFICE AT VIDYUT BHAWAN, BAILEY ROAD, PATNA Vs. ASHWINI KUMAR GUPTA, JUNIOR ELECTRICAL ENGINEER, SON OF SRI RAM HARI SAHU, PRESENTLY RESIDENT OF QUARTER NO. D1/4, MUZAFFARPUR, THERMAL POWER STATION, KANTI, DISTRICT MUZAFFARPUR

JUDGEMENT

(1.) Although this matter is listed under the heading ‘for orders on petition’, but both the counsel have agreed that the matter should be heard and disposed of finally.

(2.) The present appeal has been filed by the Bihar State Electricity Board (hereinafter referred to as ‘the B.S.E.B.’) against the order dated 20.08.2008 passed in C.W.J.C. No.10555 of 2004.

(3.) It has been submitted on behalf of the appellants that the respondent no.1, who happens to be the Junior Electrical Engineer in B.S.E.B., was asked to escort the lorry carrying 72 drums of transformer oil from the State of Bihar to the State of Maharashtra on 28th Aug., 1993. It is further argued that the respondent no.1 was to escort the lorry in question under the instruction of the General Manager Cum Chief Engineer to the Electrical Superintending Engineer, but the respondent no.1 has chosen to travel by train from Hatia in the State of Jharkhand to Thane in the State of Maharastha and such journey was approved by the General Manager B.S.E.B. vide letter No.687 dated 11.05.1993 and for the said journey T.A. of Rs.4500.00 was also sanctioned. It is further argued that when the lorry in question was reached to its destination some shortage of oil was found. In view of above shortage of oil an enquiry was conducted by the Board and on consideration of findings of the Enquiry officer dated 31.12.2001 the respondent no.1 was found guilty for such shortage of oil and therefore after following the principles of natural justice, i.e. by giving a notice to the respondent no.1 enclosing a copy of the enquiry report the proposed punishment of dismissal including payment of nothing beyond subsistence allowance and non treatment of his period of suspension as on duty was passed. However, in appeal filed by the respondent no.1 the punishment was amended to the effect that 50% of loss shall be recovered from him in 20 equal monthly instalments as also three annual increment was stopped with cumulative effect and it was ordered that he will never be posted as Incharage of any store. Aggrieved by the aforesaid order of punishment a writ petition was filed by the writ petitioner, respondent no.1 herein.