RAM PRASAD JHA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS application has been filed for quashing the resolution dated 29.12.1999 (Annexure -6) whereby the petitioner has been visited with the penalty of withholding of one annual increment with non -cumulative effect, entry of censure in his ACR for the year 1981 -82 and nonpayment of any amount other than subsistence allowance for the period of suspension. Further prayer of the petitioner is to quash the communication dated 12.11.2003 (Annexure -1) whereby he has been informed that the appeal preferred by him against the aforesaid order, has been rejected.

(2.) SHORT facts giving rise to the present application are that the petitioner, at the relevant time, was posted as Labour Welfare Officer, Electric Supply Division, Samastipur and the Bihar State Electricity Board, being, prima facie, satisfied that he is guilty of the charge of gross misconduct, dereliction of duty by way of making changes in the date of birth in the service book of one Shri Sheo Shankar Rai, skilled khalasi, placed him under suspension. Petitioner submitted representation dated 13.8.1999 for vacating the order of suspension. Same was considered and by impugned resolution dated 29.12.1999, the order of suspension was revoked and petitioner was inflicted the punishment aforesaid. Petitioner aggrieved by the same, preferred appeal and by communication dated 12.11.2003 (Annexure -1), he was informed that on consideration, his appeal has been dismissed by order dated 10.5.2001.

(3.) WHEN the matter was taken up on 16.7.2004, the learned counsel appearing on behalf of the respondents was given time to verify as to whether the communication dated 12.11.2003 is the order rejecting the appeal or some separate order was passed. Thereafter, the matter was taken up on 27.7.2004 and on that date, this Court directed the respondents to "file acounter affidavit as to whether Annexure -1 is an order communicating the appellate courts order or it is the order itself and if so, let the order be brought on the record". No counter affidavit has been filed in the light of the aforesaid order. Petitioner, in paragraph no. 24 of the writ application has stated that there is absolutely no order giving reason has been passed by the appellate authority.