RAMESHWAR PRASAD Vs. BIHAR STATE ELECTRICITY BORD

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the order dated 6.8.98 and 10.3.99 by which he has been awarded punishment of stoppage of four increments with cumulative effect and also the order of debarment of promotion for five years and for recovery of Rs. 28,155 from his salary. This order of punishment has been imposed upon him by Annexures -1 and 2.

(2.) PETITIONER 's case is that while he was functioning as Assistant Executive Engineer in Kanti Thermal Power Station, Muzaffarpur, on the allegation for theft of Transformer a departmental proceeding was initiated against him.

(3.) THE said show cause notice is Annexure -9 to this writ petition. Even though alongwith the said show cause notice the enquiry report has been enclosed but in the show cause notice there is no whisper about nature of findings by the Enquiring Officer. In the show cause it is recited that the Enquiring Officer conducted the proceedings and submitted his report. In fact, the findings have been given in favour of the petitioner. Reading the said show cause notice, one is left in the dark whether the authority has agreed or differed with the findings since there is no whisper about the nature of the findings in the show cause notice.