RAVI KUMAR VARMA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Having heard learned counsel for the parties, we find that seeking exception to an order passed on 22/8/2013 passed in CWJC No. 5889/2008 by the learned Writ Court, this appeal has been filed under Clause 10 of the Letters Patent.

(2.) The petitioner while in service as a Chief Engineer was proceeded against both departmentally and in a 2 criminal case. The departmental proceeding culminated in the enquiry officer submitting a report on 27/11/2003 exonerating him from all the charges levelled against him. In the meanwhile, the petitioner has retired on attaining the age of superannuation on 31/3/1997 and after the enquiry officer submitted his report the disciplinary authority disagree with the finding of the enquiry officer issued a show cause to the petitioner asking him as to why the report of the enquiry officer should not be rejected and a finding of guilt recorded against him. The petitioner submitted his reply to the show cause and by the impugned order Annexure-9 dtd. 3/4/2007, the disciplinary authority issued the impugned order in the following manner:

(3.) When the petitioner challenged the order before the writ court, the writ court found that there are serious allegations against the petitioner. The disciplinary authority has disagreeing with the finding of the enquiry officer after issuing a show cause notice and therefore no indulgence is called for.