JHARKHAND STATE ELECTRICITY BOARD Vs. NAVEEN KUMAR SINGH

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent is directed against the judgment dated 21.12.2006 passed in W.P. (S) No. 4132 of 2006 whereby the learned Single Judge has allowed the writ petition and quashed the order dated 13.7.2006 whereby the respondent (writ petitioner) was put under suspension on the allegations of committing gross irregularity and causing loss to the appellant - Jharkhand State Electricity Board.

(2.) THE facts of the case lie in a narrow compass:

(3.) FROM the aforesaid paragraph, it is manifestly clear that the learned Single Judge, after holding the order of suspension was not issued either by the appointing authority or by any authority to which it is subordinate, held that the impugned order dated 13.7.2006 is without jurisdiction. Memo No. 188 dated 17.7.2006 was brought by the Board to show the delegation of power. The learned Single Judge did not rely upon it on the ground that there is no reference of Rule 49(a) of the Civil Services (Classification Control and Appeal) Rules.