- (1.) Leave granted.
(2.) We have heard the learned counsel for the parties. The appellant who was working as Executive Engineer with M/s Haryana Vidyut Prasaran nigam Ltd. , the respondents herein, was compulsorily retired from service by order dated 17-12-1998. The order retiring the appellant compulsorily reads as under: "Shri R. K. Panjetha, Executive Engineer attained the age of 50 years on 1-4-1997, his date of birth being 2-4-1947. His retention case beyond the age of 50 years was continued to be considered but could not be finalised due to pending disciplinary case (s) in terms of Rule 3.26 (d) of csr, Vol. I, Part I read with Rule 5.32-A (C) of CSR, Vol. II which provides as under: (a) efficiency in performance during the last 10 years, officers with 50% good record of service be retained; (b) integrity for the last 10 years of service should be good. In the meantime, Board of Directors of HVPNL in their meeting held on 10-9-1998 and circulated vide Memo No. Ch. 8/nec/g-1501 dated 25-9-1998 decided as under: 'the following items of misconduct/indiscipline on the part of an officer/official involves/constitutes the doubtful integrity of the officer/official concerned but, it has been observed that suitable remarks regarding doubtful integrity are not being given in ACRs by the concerned reporting officers/next higher authority: (i) delaying a case deliberately to give undue benefit to the consumer (s) ; (ii) delaying a case deliberately to harass the consumer with an aim to get personal/illegal gratification from the consumer concerned; (iii) deliberate misinterpretation of codal instructions/rules to give undue financial benefit to the consumer; (iv) acting in a manner prejudicial to the commercial/ financial interests of HVPNL/hpgcl and to the benefit of the consumer (s). It has therefore been decided that punishment on account of (i) to (v) above may be taken care of while deciding the cases regarding retention in service beyond the age of 50/55 years. It has also been decided that in future the cases of retention in service beyond the age of 50 or 55 years, be put up to the Committee consisting of the following in respect of Engineers' common cadre: (a) Director/finance; (b) Director (OP) , Director (Transmission) ; (c) Chief Engineer/administration. The Committee so constituted perused the case record, charge- sheets/show-cause notices and punishment (s) to Shri R. K. Panjetha, executive Engineer, the details of which are as under: (i) Advised to exercise better supervision in future vide O/o no. 475/conf. 2740 dated 31-12-1997. In the case he failed to implement checking report on vigilance party and did not get charge of 5990 units average in the month of January 1990 due to which these charges were left out for months together till the replacement of meter. (ii) He was warned to be careful in future vide O/o No. 132/conf. 3426 dated 20-3-1998 in the case that the premises of faridabad Administration Complex (SED HUDA) A/c No. 14/ mt/424 was checked by ADV, Gurgaon on 27-5-1992 and it was found that the direct supply was being allowed to the consumer which was against the instructions of the Board. He has also failed to make any efforts to prevent the irregularities which allowed direct supply to the consumer during his tenure and made no efforts to arrange meter supply. (iii) He was awarded the punishment of warning with a copy in CR vide O/o No. 88/conf. l6-6/403/engg. dated 14-9-1990 to reason that he accepted the application of 18 consumers after the expiry of last date earmarked for regularisation of unauthorised extension in load under the voluntary disclosure scheme, i. e. , 30-6-1988 by accepting the additional security. Thus, he violated board's instructions with mala fide and ulterior motives. (iv) He was censured vide O/o No. 144/conf. 2096 dated 28- 10-1992 and to downgrade annual QR for the relevant period for diverting the funds indiscriminately against the instructions of the Board. (v) His services were censured vide O/o No. 89/conf. 2481 dated 6-4-1995 as he failed to ensure that the energy meter of proper capacity was installed at the consumers' premises for recording actual consumption of energy. (vi) His four increments were stopped vide O/o No. 98/conf. 2732 dated 11-3-1997 without cumulative effect as there is nothing on record to show that notices for 17 existing connections for disconnection were issued nor is there proof that these were disconnected. On the other hand in respect of five connections, a justification to allow them as such has been given. He did not take any action to implement the sale Circular No. 1/81 dated 9-1-1981. The Committee also noted that Charge-sheet No. l05/conf. 2902 dated 5-9-1997 is pending relating to the period while he remained posted as Executive Engineer (OP) , Division Bahadurgarh for the reasons that he has violated the instructions and issued 217 works orders amounting to Rs 20,28,243 for maintenance of work at Bahadurgarh such as dismantlement of distribution line, re-erection of lines, resagging of conductor and relaying of service cables. Whereas private labour was to be engaged only affer fully deploying the departmental labour and in no case the maintenance was to be entrusted to the contractor labour, whereas the officer engaged the private labour for the above works in clear violation of Board's instructions. He is also responsible for making the excess payment to the private contractor amounting to Rs 1606 against 23 works orders for construction works by taking excessive measurement through technical subordinates. And found that Shri R. K. Panjetha is unfit to be allowed extension beyond the age of 50 years. Accordingly, the appointing authority has carefully gone through the report of the Committee and on the basis of recommendations of the committee come to the conclusion that the integrity of the officer is doubtful and it would not be in the interest of HVPNL to keep him in service. ' in pursuance of above, Shri R. K. Panjetha, Executive Engineer, works (OP) Circle, HVPNL, Faridabad is hereby retired from the service in public interest with immediate effect. A cheque bearing No. CC/16- 529068 dated 17-12-1998 drawn on State Bank of Patiala payable at faridabad for Rs 57,330 in lieu of three months' notice period in favour of Shri R. K. Panjetha, Executive Engineer is sent herewith along with this order. This issues with the approval of Chairman-cum-Managing Director, hvpnl, Panchkula. sd/- under-Secretary/s-I for CE/admn. , HVPNL, Panchkula"
(3.) This order was challenged by the appellant before the Punjab and haryana High Court in a writ petition which was dismissed by the impugned judgment dated 22-4-1999.;