JHARKHAND STATE ELECTRICITY BOARD Vs. BAIKUNTH NANDAN SINGH

JUDGEMENT

(1.) This L.P.A has been preferred against the order passed in W.P. (S) No. 2444 of 2003 dated 30.03.2012, in which, the learned Single Judge has directed the Jharkhand State Electricity Board (in short 'J.S.E.B') to pay 50 % back wages to respondent no. 1 from the date of dismissal till the date of superannuation and held the J.S.E.B. responsible for making requisite payment. Short point falling for consideration is whether the respondent having been dismissed from service before creation of the appellant-J.S.E.B., the J.S.E.B shall be held responsible to pay the legal dues to the 1stst respondent.

(2.) Brief facts are that the respondent was the General Secretary of the Electricity workers' Union and had worked for the welfare of the Electricity Workers' Union as well as the Board in a cordial and peaceful manner. Charges were framed against the 1stst respondent alleging that he has assaulted his superior and misbehaved with him. The 1stst respondent was served with the charge-sheet vide Board's order dated 8.4.1996 and the Deputy Director of Personnel, B.S.E.B, Patna was appointed as Inquiry Officer and the Inquiry Officer after holding the enquiry found that the charges framed against the 1stst respondent are proved and recommended the disciplinary authority to impose a penalty. Considering the report submitted by the Inquiry Officer, the disciplinary authority inflicted punishment of dismissal from service vide order dated 22.6.2000. Being aggrieved by the said order the 1stst respondent preferred an appeal on 18.7.2000 before the Chairman, B.S.E.B, Patna (appellate authority) and the appellate authority confirmed the punishment of dismissal vide order dated 15.1.2001.

(3.) Challenging the punishment of dismissal from service vide order dated 22.6.2000, which was confirmed by the appellate authority on 15.1.2001, the 1stst respondent preferred W.P.(S) No. 2444 of 2003. After hearing the parties and after referring to the judgment HARDWARI LAL v. STATE OF UTTAR PRADESH, 2000 LabIC 221, learned Single Judge quashed the punishment of dismissal from service and directed the appellant-J.S.E.B to pay 50 % of the back wages from the date of dismissal till the date of superannuation with all the retiral benefits and learned Single Judge held the appellant-J.S.E.B responsible for making requisite payment. The learned Single Judge took the aforesaid view, taking into consideration the fact that the service record of 1stst respondent through out the service remained unblemished and the appellant-J.S.E.B and B.S.E.B were unable to contradict the said fact and the disciplinary authority while inflicting major punishment failed to consider this very aspect of the matter and has imposed a harsh penalty without proper consideration of the facts, which were required to be considered before imposing major punishment of dismissal from service.