NAVEEN KUMAR SINGH Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order dated 13.7.06 passed by the Additional Secretary, J.S.E.B, Ranchi (respondent No. 3) where by the petitioner has been put under suspension or the allegation that he has been found prima face guilty of committing gross irregularity and causing loss to the Board and also guilty of gross indiscipline and insubordination which amounts to gross misconduct on his part. The petitioner has challenged the said order mainly on two grounds. Firstly, that the respondent No. 3 is neither an appointing authority nor is a disciplinary authority and as such the impugned order passed by him is wholly without jurisdiction. Secondly, that the order is tainted with malafide and arbitrariness and is unsustainable. It has been stated that the petitioner has been maliciously put under suspension on the baseless allegations only in order to victimize him and to put him to loss and harassment.

(2.) THE petitioner is a Junior Engineer and is now posted at Jamshedpur. It has been stated that the petitioner since after his posting at Jamshedpur has been conducting raids to unearth large scale energy theft and has become an eye -shore of many including the respondent No. 5. He has recently caught energy theft of Rs. 58.56 lakhs by one M/S Nanak Ispat by remote sensing computer energy meter. It has been alleged that detection of theft of electrical energy by M/S Nanak Ispat is the main cause of displeasure of Shri Binay Kumar, Electrical Superintending Engineer (respondent No. 5) who for one or the other reason is not happy by the said action of the petitioner. It has been alleged that Sri Binay Kumar is the protector of the Interested industrialists of Adityapur industrial Areas, Jamshedpur and for the said reason the respondent No. 5 has been carrying grudge and prejudice against the petitioner and has managed to get the said impugned order issued with oblique end in order to humiliate the petitioner.

(3.) IN course of hearing, Mr. Vimal Kumar, learned. Sr. counsel appearing on behalf of the petitioner, submitted that the appointing authority of the petitioner is the Board as would be evident from Annexure -14 and the impugned order of suspension has been issued by the Additional Secretary in absence of the Chairman of the Board. It has been submitted that the said order was maliciously issued in haste two days before the Chairman was appointed. It has been submitted that according to the provisions of Rule 49A of the Civil Services (C.C and A) Rules, which are also applicable for the employees or the Board, the appointing authority or any authority to which it is subordinate or the Governor by general or special order, may place a Government servant under suspension where disciplinary proceeding against him is contemplated or is pending, or, where a case against him in respect of any criminal offence is under investigation, inquiry or trial. Learned counsel submitted that when that power has been conferred on a particular authority, the said power cannot be exercised by any other authority. Learned counsel submitted that though the Additional Secretary has got no jurisdiction to issue the impugned order, the same has been issued only in order to victimize the petitioner at the behest of Sri Binay Kumar Electrical Superintending Engineer (respondent No. 5). Learned counsel submitted that even earlier, an attempt was made to victimize the petitioner by issuing an illegal and malicious transfer order. The said order was challenged in this Court and the same was quashed by the order dated 24.1.1.05 passed in W.P.S No. 6791/04 observing that the order of transfer was passed with oblique end in order to punish and humiliate the petitioner. Learned counsel submitted that the impugned order has been also issued only in order to humiliate and cause mental agony and harassment to the petitioner.