MADHURENDRA PRASAD Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) The present writ application has been filed for quashing the resolution, dtd. 12/8/2014, issued, by the General Manager (HR & Administration), South Bihar Power Distribution Company Limited, Patna, under Memo No. 1530, whereby departmental proceedings were initiated against the petitioner and for quashing the resolution/Order No. 664, dtd. 13/5/2016, by which the punishment of withholding two annual increments with cumulative effect was imposed against the petitioner. The petitioner has further prayed for quashing resolution no. 267, dtd. 14/2/2017, whereby the earlier punishment was modified to the extent of withholding of one annual increment with non- cumulative effect, as well as for quashing the letter no. 647, dtd. 22/9/2022, whereby the petitioner was informed that his review application has been rejected.

(2.) The factual matrix of the case of the petitioner, in brief, is that he was initially appointed as Junior Electrical Engineer, vide Notification No. 1097, dtd. 12/11/1999, issued by the Joint Secretary, Bihar State Electricity Board (hereinafter referred as 'BSEB'). Subsequently, he was promoted to the post of Assistant Electrical Engineer on 17/9/2007. Thereafter, the petitioner was transferred from the Electric Supply Sub-Division, Katihar (Urban) to the Electric Supply Sub-Division, Rajgir with effect from 25/10/2012. Pursuant thereto, the petitioner joined at Rajgir as Assistant Electrical Engineer.

(3.) With the enactment of the Electricity Act, 2003, the Electricity (Supply) Act, 1948 stood repealed and by virtue of Sec. 172 thereof, the BSEB ceased to exist. In exercise of powers under Sec. 132 of the Electricity Act, 2003, the State Government issued a Notification, dtd. 30/10/2012, restructuring the erstwhile BSEB into the Bihar State Power Holding Company Limited (in short, 'BSPHCL') and its four subsidiary companies, including the South Bihar Power Distribution Company Limited (in short, 'SBPDCL').