OAYANATHSINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has challenged the order dated 22nd of August, 1995, as contained in Annexure-1, by which he has been suspended in contemplation of a departmental proceeding.

(2.) The petitioner was posted as General Manager-cum-Chief Engineer in the Tirhut Area Electricity Board, Muzaffarpur, under the jurisdiction of the respondent-Bihar State Electricity Board (hereinafter referred to as the 'Board'). While the petitioner was so posted he was suspended by the impugned order, as contained in Annexure-1.

(3.) When the case was taken up, counsel for the petitioner assailed the impugned order of suspension (Annexure-1) on two grounds, namely, (a) impugned Order dated 22nd of August, 1995 (Annexure-1) has not been issued by the order of the Board, but it has wrongly been stated therein that the same has been issued by the Board; and (b) the impugned order of suspension dated 22nd of August, 1995 even if issued by the order of the Chairman of the Board, the Chairman of the Board having no jurisdiction to suspend an officer of the rank of General Manager-cum-Chief Engineer. The impugned order (Annexure-1) is without jurisdiction.