RAM BILASH PRASAD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner was a Junior Accounts Clerk in the office of Bihar State Electricity Board (hereinafter referred to as 'the Board') posted at Electric Supply Sub-Division, Dehri-on-Sone. During office hours on 24.1.1992, an incident of fire took place in the office room of the Petitioner resulting into loss of some important revenue records at a time when internal audit party had requisitioned for the records. Petitioner and his superior, Sri Krishna Mishra, Accountant were charge sheeted and in the departmental proceeding, they were held guilty of various charges and were dismissed from service. Petitioner has, through this writ petition, challenged the order of his dismissal from service vide office order No. 106 dated 9.1.1996 contained in Annexure-20.

(2.) Learned Counsel for the Petitioner has altogether raised four objections against the impugned order. Firstly, it has been submitted that at subsequent stage the departmental proceeding was held ex parte for no fault of the Petitioner and impugned order should be quashed because it is based upon enquiry report of an enquiry which was vitiated in law. Secondly, learned Counsel for the Petitioner urged this Court to go into detailed facts and hold that Petitioner had no motive to cause the fire incident. Continuing in the same vein the third submission was that this Court should appreciate the fact that during enquiry there was no eye witness of the alleged occurrence and the criminal case lodged for the same incident had failed on account of insufficient evidence hence, this Court should reverse the finding given in the enquiry report and hold the Petitioner not guilty of the charges and lastly, it was submitted that punishment of dismissal is disproportionate to the gravity of charges.

(3.) The charge sheet submitted against the Petitioner is contained in Annexure-8 dated 12.3.1993. The charge mainly relates to the allegation that there was reported bungling in revenue records, particularly in respect of Electric Supply Sub-Division, Banjari with which the Petitioner was dealing as Junior Accounts Clerk. Internal audit party had made requisition for revenue ledgers on 20.1.1992 to look into the relevant matters and some of the records requisitioned by the audit got destroyed in the fire which took place on 24.1.1992. As per charge, the Petitioner as Junior Accounts Clerk was involved in the fire which broke out on 24.1.1992 and destroyed the revenue records of 1987-88 to 1989-1990. Petitioner was charged with responsibility for destruction of the records causing loss to the Board with intent to avoid the audit and enquiry constituted by the Central Area Electricity Board.