CHHOTE LAL SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 2.6.2000 (Annexure -1) whereby the petitioner has been visited with the punishment of reduction in the time scale by one stage as also the punishment of censure. While imposing the aforesaid punishment, it has been further stated that for the period of suspension, petitioner shall not be entitled for any amount other than subsistence allowance already paid to him but the period of suspension shall be counted for the purpose of post retiral benefits. Further prayer made by the petitioner is to quash the order dated 27.9.2001 (Annexure -15) whereby the appeal preferred against the order of dismissal, has been rejected.

(2.) FACTS necessary for decision are that by order dated 21.5.1996, petitioner was put under suspension and by the order of the same day, a departmental proceeding was initiated against him. Petitioner was served with the memo of charge whereby allegation was levelled for facilitating interpolation in the service book of the employees. Petitioner was given opportunity in the departmental inquiry to establish his innocence. The Inquiry officer submitted his report dated 28.2.1998 (Annexure -10) and ultimately concluded that from the materials placed in the inquiry report, the petitioner comes within the net of suspect. In the inquiry report, it has been observed as follows : (LOCAL LANGUAGE)

(3.) MR . Shivaji Pandey, appearing on behalf of the petitioner raises a very short point. He submits that the Inquiry Officer has not conclusively recorded a finding of guilt and the petitioner has been visited with the penalty on the basis of the said Inquiry Report.