REGENT COMPUTRONICS PVT. LTD.

Jagdish Lall Appellant

V/S

BIHAR STATE ELECTRICITY BOARD Respondents

Referred Judgements :-

YOUNG V/S. BRISTOL AEROPLANE CO. LTD. [REFERRED]
RUSSEL V/S. DUKE OF NORFOLK [REFERRED]
CASSELL AND CO. LTD. V/S. BROOME AND ANR. [REFERRED]
ROOKES V/S. BARNARD [REFERRED]
SOLOMAN RAJU AND ORS. V/S. ACCOUNTANT GENERAL A.P. [REFERRED]
HOUSE OF LORDS AND RE DAWSON S SETTLEMENT LLOYDS BANK LTD. V/S. DAWSON [REFERRED]
PRABHU NARAYAN SINGH V/S. THE STATE OF BIHAR AND ORS. [REFERRED]
JITENDRA KUMAR V/S. CENTRAL BANK OF INDIA AND ORS. [REFERRED]
BRAJ KISHORE SINGH ORS. V/S. THE STATE OF BIHAR AND ORS. [REFERRED]
BRAJ KISHORE SINGH AND ORS. V/S. THE BIHAR STATE ELECTRICITY BOARD [REFERRED]
<RC>LAWSUIT(PAT) 2003 0 984;PLJR 2003 3 86;</RC> HIGH COURT OF PATNA <JGN>CHANDRAMAULI KUMAR PRASAD</JGN> JAGDISH LALL BIHAR STATE ELECTRICITY BOARD <AT>CIVIL WRIT JURISDICTION CASE 2322 OF 2003</AT> 28.04.2003 <SUBJECT></SUBJECT><SI> MAHARASHTRA CIVIL SERVICES (DISCIPLINE AND APPEAL) RULES,1979 R 5; <ACT>MAHARASHTRA CIVIL SERVICES (DISCIPLINE AND APPEAL) RULES,1979</ACT> <S>R.5</S> </SI> <FV>APPLICATION ALLOWED</FV> <ADV>AJAY KUMAR [REFERRED TO]
RANJAN KUMAR V/S. NALANDA GRAMIN BANK AND ORS [REFERRED]
BENGAL IMMUNITY COMPANY LIMITED VS. STATE OF BIHAR [REFERRED]
STATE OF ASSAM VS. BIMAL KUMAR PANDIT [REFERRED]
UNION OF INDIA VS. H C GOEL [REFERRED]
BALLABHADAS MATHURDAS LAKHANI VS. MUNICIPAL COMMITTEE MALKAPUR [REFERRED]
PUNJAB LAND DEVELOPMENT AND RECLAMATION CORPORATION LIMITED CHANDIGARH DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION AMRAVATI REGIONAL MANAGER WEST ZONE NOW KNOWN AS KANPUR REGION BANK OF BARODA REGIONAL OFFICE LUCKNOW VS. PRESIDING OFFICER LABOUR COURT CHANDIGARH:CHANDRASHEKHAR MARIBHAU DESHMUKH :SECRETARY U P BANK EMPLOYEES UNION C O BANK OF BARODA LATOUCHE ROAD KANPUR :LABOUR COURT RANCHI:NAMDEO:SECRETA [REFERRED]
STATE BANK OF PATIALA VS. S K SHARMA [REFERRED]
STATE OF UTTAR PRADESH VS. C L AGRAWAL [REFERRED]
UNION BANK OF INDIA VS. VISHWA MOHAN [REFERRED]
PUNJAB NATIONAL BANK CHIEF PERSONNEL DISCIPLINARY AUTHORITY PUNJAB NATIONAL BANK VS. KUNJ BEHARI MISRA:SHANTI PRASAD GOEL [REFERRED]
YOGINATH D BAGDE VS. STATE OF MAHARASHTRA [REFERRED]
STATE OF UTTAR PRADESH VS. HARENDRA ARORA [REFERRED]
STATE BANK OF INDIA VS. K P NARAYANAN KUTTY [REFERRED]

JUDGEMENT

(1.) This application has been filed for quashing the order dated 7.5.2002 (Annexure-7) whereby the Petitioner has been visited with the penalty of censure, withholding of five increments with cumulative effect, withholding of promotion for three years from the due date and denying further payment, other than the subsistence allowance for the period of suspension. His further prayer is to quash the order dated 20.11.2002 (Annexure-11) whereby the appellate authority while maintaining other penalties, reduced the penalty to withholding of three increments with cumulative effect and stoppage of promotion for three years to one year from the due date.

(2.) Shorn of unnecessary details, facts giving rise to the present application are that while the Petitioner was posted as Assistant Electrical Engineer, a departmental proceeding was initiated against him in relation to purported misconduct committed by him during the period when he was posted as Junior Electrical Engineer, Nasriganj. In altogether five charges were levelled against him. The Enquiry Officer submitted his report dated 5.1.2001 (Annexure-4) exonerating the Petitioner from all the charges. The disciplinary authority disgreeing with the conclusion of the Enquiry Officer and after holding that all the charges have been proved against the Petitioner gave second show cause notice in the follows words:

(3.) Petitioner submitted his reply dated 6.4.2001 (Annexure-6) but the disciplinary authority by the impugned order inflicted the penalty as referred to above and the appeal preferred by the Petitioner against the order of the disciplinary authority was partly allowed with modification in the penalty quoted above.

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JAGDISH LALL Vs. BIHAR STATE ELECTRICITY BOARD

Referred Judgements :-

JUDGEMENT

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