(1.) HEAR both the sides.
(2.) THIS writ has been filed for quashing the order of dismissals per Annexure -10 and order of appellate authority as contained in Annexure -13 with a further direction upon the respondents of reinstate the petitioner and to allow him to perform regular duties on the original post with full back wages and all consequential benefits.
(3.) THE aforesaid questions arose out of the following facts. The petitioner admittedly was a workman and on the alleged date i.e. on 8.1.1998 he was posted at Bachra area in the district of Hazaribagh of the respondents -Colliery. The electric power suddenly failed then an information was sent to him, as he was incharge of generator set, to on the switch of generator set, but he did not switch on the generator set. Consequently the Executive Engineer himself went to him but he did not switch on generator set stating that with the present strength he could not switch on the generator set and therefore, he was given the following charges :