SATYADEO SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner by filing this writ petition under Article 226 of the Constitution of India has questioned the resolution bearing Memo No.2279 dated 24.8.1999 of the Bihar State Electric ity Board (hereinafter referred to as "the Board"), whereby a punishment has been imposed under the Bihar Pension Rules, 1950 (hereinafter referred to as the "Pension Rules") withholding 25% of pension and gratuity of the petitioner. The petitioner alongside, has been denied the salary for the suspension period and which has been limited to the subsistence allowance drawn during the said period. The petitioner has also questioned the appellate order passed by the Joint Secretary of "the Board" dated 1.7.2000, Patna High Court CWJC No.10584 of 2001 dt.05-12-2017 2 whereby the appeal of the petitioner has been dismissed and the order of "the Board" has been affirmed. Copies of the orders of penalty are impugned at Annexures 1 and 6 respectively to the writ petition.

(2.) The facts of the case briefly stated is that the petitioner was appointed as an Engineer Assistant in the year 1962 with the erstwhile Bihar State Electricity Board which has since been dissolved and reorganized to form the Bihar State Power Holding Company, the North Bihar Power Distribution Company Limited and the South Bihar Power Distribution Company Limited. The matter would relate to the North Bihar Power Distribution Company Limited. The petitioner was promoted to the post of Assistant Engineer in 1963 and to the post of Electrical Executive Engineer in January, 1977. Vide notification No.557 dated 24.2.1995 the petitioner was directed to look after the work of the Electrical Superintending Engineer in addition to his own duties. The petitioner vide resolution no.1666 dated 19.7.1995 was posted as Superintending Engineer at Hazaribagh where he joined on 1.8.1995 after being relieved from the post of Electrical Executive Engineer (Technical), Electrical Circle, Muzaffarpur. The matter relates to period 28.2.1995 to 1.8.1995 while the petitioner was looking after the additional work of the Electrical Superintending Engineer.

(3.) Vide order bearing No.4518 dated 22.8.1995 on the allegation of sanctioning additional load of 1000 KVA to M/s Ganesh Foundry and Casting Private Limited, the petitioner was suspended and which was followed by service of a charge memo bearing resolution No.286 dated 30.1.1996. A copy of the suspension order is enclosed at Annexure 4 and the charge memo is at Annexure 3 to the writ petition. The petitioner filed his reply on 16.2.1996 contesting each of the charges, a copy of which is at Annexure 7. The Enquiry Officer submitted his report, a copy of which is enclosed at Annexure 5 and while exonerating the petitioner of Charge nos.1 to 4, 6 and 7, it is accepting the failure of the petitioner to follow the Board's instruction that charge no.5 was upheld. The enquiry report was submitted on 29.10.1996 but no action was taken thereon by "the Board" until the superannuation of the petitioner on 31.1.1997.