RAM KRISHNA SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This application is directed against an order dated December 2, 1992 (Annexure-7) passed by the Secretary, Bihar State Electricity Board, Patna (respondent No. 2) whereby and where under, the petitioner's services have been terminated.

(2.) The short facts relevant to be noticed in this case are as follows:- The petitioner who is a Correspondence Clerk was transferred from the Electricity Circle, Dhanbad to the Headquarters of the Electricity Board, By another office order dated April 13, 1992 (Annexure 4) he was posted to the Regional office of the Board at Ranchi. The petitioner allegedly was relieved with effect from December 10, 1991 but he neither joined the Board's Headquarters at Patna nor joined the Regional Office at Ranchi. It appears that an advertisement was issued in a newspaper to the effect that if by September 16, 1992 the petitioner does not joint to his transferred place, proceedings for termination of his service would be taken. According to the respondents, despite the said advertisement, the petitioner did not join the Regional Office of the Board at Ranchi and thus he violated the order passed by the Board, by reason whereof it had become difficult to take disciplinary and administrative action against the petitioner, the petitioner's services were directed to be terminated in terms of Clause 28(A) of the Certified Standing Order by giving three months notice.

(3.) It stands admitted that prior to issuance of the aforementioned order against the petitioner, neither a disciplinary proceeding was initiated ] against the petitioner nor any notice to show cause have been given.