MUNESHWAR TIWARI Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE present writ petition has been preferred for following reliefs: - W.P.(S ) No. 3651 of 2002 In the present writ petition the petitioner prays for issuance of a writ/order/direction in the nature of certiorari for quashing of office order no. 1686 dated 10.5.2002 by which the Joint Secretary, Patna, Bihar State Electricity Board (respondent no.1) has dismissed the petitioner from the service with immediate effect and for issuance of an appropriate writ commanding upon the concerned respondents to revoke the dismissal order of the petitioner. In the present writ petition the petitioner prays for issuance of a writ/order/direction in the nature of mandamus commanding upon the concerned respondents to immediately and forthwith release the legally payable dues of the petitioner which has not been paid to the petitioner till date. The second writ petition has been preferred for consequential benefit/relief which is dependant on the first writ petition and thus, both the writ petitions are disposed of by this common order.

(2.) THE facts, in brief, are set out as under: The petitioner was appointed as Junior Accounts Clerk on 28.6.1967 in the office of Bihar State Electricity Board, Patna. After bifurcation of State as per his option he was allocated to Jharkhand State and continued therein. According to the petitioner, he worked with full satisfaction with respondent Board and had a unblemished service record till 1996. A departmental enquiry was initiated against him on 2.11.1998 and the enquiry officer was appointed to conduct the proceeding and after giving opportunities to the petitioner he submitted enquiry report on 27.8.2001 and as per his report the charges levelled against the petitioner was found to be proved. The charges levelled against the petitioner relate to illegal realization of money from the consumers on alleged charges of meter tampering. The charges framed against the petitioner are as under:

(3.) THE main contention raised by the learned counsel for the petitioner is that the Joint Secretary, Bihar State Electricity Board had no jurisdiction to dismiss the petitioner from service after cadre allocation and bifurcation of State since at the relevant time he was working at Nirsa, Dhanbad when the charges was framed and even at the time of dismissal in 2002 he was within the territorial jurisdiction of State of Jharkhand. In this regard, he has referred to and relied upon 2002 (2) JCR pg. 602 and 2002(1) JCR pg. 401 to support his contention.