LALA SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE appellant was appointed as a Security Guard in Bihar State Electricity Board on 15.11.1968 and was removed from service on 18.1.2000 after subjecting him to a Departmental Enquiry by serving the memorandum of charges dated 18.7.1995 in respect of an incident which allegedly took place on 27.2.1995.

(2.) THE termination order dated 18.1.2000 has been passed by accepting the finding recorded in enquiry report, and considering it to be the finding about the proof of charges levelled against the delinquent, punishment of removal was imposed, which order was affirmed by the appellate authority after the matter was remanded by this Court to the appellate authority for passing speaking order by considering the finding given in the enquiry report in respect of the charges levelled against the delinquent Officer and also referring to the statement of the codelinquent. The order of the appellate authority after remand is dated 2.1.2001. The learned single Judge has dismissed the writ petition considering that there is no infirmity in the Departmental proceeding or in the order of the appellate authority. After considering the enquiry report the order has further appeared to be influenced by the fact that the petitioner, who was employed as a Security Guard and, who was in barrack, was under allegation of assaulting and keeping the child in the illegal confinement for three hours. It has been observed by the learned Single Judge that being a Security Guard it was not permissible for him to take law in his own hand at any point of time. He also found that the punishment imposed is not disproportionate to the gravity of charge proved.

(3.) HAVING perused the material before us and after hearing the learned counsel, it is obvious that at any stage of dealing with the case either by the Departmental Authorities or by the learned Single Judge, the findings of the Enquiry Officer have not been noticed which are the foundation of inflicting punishment. As we shall presently notice if closely read the findings of the Enquiry Officer totally support the delinquent Officer. It is not a case of accepting the finding of fact recorded by Enquiry Officer.