VIJAY PRASAD SINGH Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) By the Office order no. 1277 dated 2.3.2000 contained at Annexure-9 to the writ petition, petitioner, an operator under the Patratu Thermal Power Station(PTPS) of the erstwhile Bihar State Electricity Board in which place now Jharkhand State Electricity Board has stepped in, has been imposed punishment of stoppage of two annual increment with cumulative effect; debarring him from promotion to the higher post for three years from the date his junior is given promotion. It was further directed by the impugned order that he shall not be paid full salary for the aforesaid period apart from subsistence allowance; in the A.C.R. for the year 1994-95 a entry of censure was directed to be entered. The aforesaid office order dated 2.3.2000 is under challenge. Further the order passed by the Chairman, B.S.E.B vide memo dated 429 dated 19.4.2001(Annexure-11) issued under the signature of Joint Secretary, B.S.E.B. affirming the aforesaid order of punishment is also under challenge in the present writ application.

(3.) The petitioner was working as an operator (Boiler) at the relevant point of time i.e. on 23.2.1995 in night shift Group-A at P.T.P.S. under the respondent, Board in which an incident occurred in Boiler Drum Unit No. 9 which caused loss of generation and consequent financial loses to the tune of rupees One Crore to the Board because of closing down of the unit for several months. The petitioner along with others were proceeded departmentally and2 the inquiry report was submitted vide Annexure-5 dated 1.1.1997 by the Inquiry Officer cum Electrical Superintending Engineer of the respondentBoard.