- (1.)This appeal has been preferred by the Appellants-West Bengal State Electricity Board and others against the judgment dated 27th April, 2007 passed by the Division Bench of the High Court of Calcutta in F.M.A. No. 149/2003. By the impugned judgment, the Division Bench of High Court allowed the appeal preferred by the Respondent and set aside the judgment and order dated 9th August, 2002 passed by the learned Single Judge in W.P. No. 9401 (W) of 1997 whereby the learned Single Judge dismissed the Writ Petition preferred by the Respondent-Hari Bhakta Ghosh.
The factual matrix of the case is as follows:

The Respondent-Hari Bhakta Ghosh was functioning as Station Superintendent with the Electricity Board at Gazole Group Electric Supply in Malda District. For alleged misconduct he was suspended on 14th May, 1994 and charge sheeted vide Memo No. AS/V-1132/983(1-7) dated 17th June, 1994 for four charges, as set out hereinbelow:

"CHARGE - I

Whereas it appears that Shri Hari Bhakta Ghosh was posted at Gazole E/s as Station Superintendent and he was responsible for all activities of that Group Electric Supply as Station-in-Charge. It was the Responsibility of Shri Ghosh to dispose of the pending service connections of Gazole Gr. Electric Supply besides other jobs.

And

Whereas it appears from the statements of Shri Ashoke Sarkar, one of the intending consumers under Cajole Gr. E/S that Shri Hari Bhakta Ghosh, had taken bribe of Rs. 15,334/- from Shri Ashoke Sarkar for effecting his industrial service connection No. G/I/1711 but failed to effect service connection within time. Shri Ashoke Sarkar then intimated the local people of that area, who pressurized Shri Hari Bhakta Ghosh to refund the money which had been taken illegally. Further, it appears that being pressurized from the local people Shri Ghosh refunded the entire sum of Rs. 15,334/- to Shri. Ashoke Sarkar in two instalments of Rs. 10,000/- and Rs. 5334/- in presence of Shri Naresh Ch. Baba, Prabir Sarkar and Shri Subhas Roy, local villagers of Gajole.

And

Whereas it appears that the entire aforesaid activities of Shri Hari Bhata Ghosh had been published in the local news paper "Gour Barta" dated 04.12.1993, published from Malda which tarnished the image of WBSEB which is also detrimental to the interest of the Board.

Thus it appears that Shri Hari Bhakta Ghosh indulged in corrupt practices by taking bribe from Shri Ashoke Sarkar, a prospective consumer which is totally detrimental to the interest of the Board and against the canons of good behavior and discipline. Such conduct of Shri Ghosh, if proved is unbecoming on the part of an employee of the Board and constitutes an act of misconduct, lack of integrity, breach of discipline and in violation of Regulations 38 and 61(P) of the WBSEB Employees Service Regulations.

CHARGE-II

Whereas it appears from the official record of Gajole Gr.E/S that Shri Hari Bhakta Ghosh during his incumbency as Station Superintendent at Gajole Gr. E/S released and effected a new industrial service connection to Shri Aswini Kr. Saha, S/C No. G/Ind/1667 and an energy matter No. UE/RPO/10496/3X 30 Amp. was installed in the premises of the said consumer. It further appears that the above referred energy meter was previously installed in the premises of M/s. Gayatri Debi, S/C No. 21 - Ag-1 and removed from the premises of Gayatri Debi as it was defective and no final reading of the meter was recorded in the Blue Card of S/C No. 21-AG-1.

-And-

Whereas it appears that the new service connection of M/s. Aswini Kr. Saha,S/C No. G/I/1667 was effected without approval of the Asstt. Engineer, Gajole (O & M) S/Divn. As per norms.

Thus it appears that Shri Hari Bhakta Ghosh adopted malpractices in effecting service connection to an industrial consumer by a defective meter and worked beyond his jurisdiction with ulterior motive for his personal gain. Such conduct of Shri Ghosh, if proved, is unbecoming on the part of an employee of the Board and constitutes an act of misconduct, lack of integrity, breach of discipline and violation of Regulations 38, 59, 61(e) of WBSEB ESRs.

CHARGE-III

Whereas it appears from the official record of the Gajola Gr. E/S that Shri Hari Bhakta Ghosh, S.E., during his incumbency as Station Superintendent at Gajola Gr. E/s released and effected two new service connections in favour of Shri Hari Pada Saha. SC No. G/I/1679 and Shri Bishu Ch. Saha, S/C No. G/I/1654 respectively. It further appears that above service connections were effected by installing meters removing from the disconnected consumers without knowledge of the higher authority and without any record. The service connection in favour of Shri Hari Pada Saha, S/C No. G/I 1679 was effected by installing the energy meter removed from the premises of Shri Pinaki Chakraborty (S/C No. 284/Ind) and the service connection is favour of Shri Bishu Ch. Saha, S/C No. G/I/1654 was effected by installing the energy meter removed from the premises of Shri Jagat Ranjan Samanta (S/C No. 305 No. 305/Ind). Both the new service connections were effected without the knowledge of the Asstt. Engineer. Gazole (O & M) S/Divn. and without plastic sealing by the Asstt. Engineer). It also appears that as per procedure followed at Gazole (O & M) sub-Divn. all the industrial connections were effected jointly by the Stn. Supdt. And Asstt. Engineer with plastic sealing of the Asstt. Engineer.

Thus it appears that Shri Hari Bhakta Ghosh adopted mal-practice effected service connection by irregular manner and worked with ulterior motive. Such conduct of Shri Ghosh, if proved, is unbecoming on the part of an employee of the Board and constitutes an act of misconduct, lack of integrity, breach of discipline and violation of Regulations 38 and 59 of the WBSEB ESRs.

CHARGE - IV

Whereas it appears that during the incumbency as Station Supdt. at Gajole Gr. E/S Shri Hari Bhakta Ghosh was asked to give certain information by the Asstt. Engineer, Gajole (G & M) Sub-Divn. Vide his Memo No. GZI/SD/Conf/221 dated 12.08.1993. It also appears that vide his Memo No. CES/Conf/421 dated 25.08.1993 Sr. Ghosh had replied to the Asstt. Engineer, Gajole (O & M) S/Divn. and gave information as asked for. On Scrutiny, it appears that Shri Ghosh had given one mis-information deliberately and with ulterior motive. In his reply dated 25.08.2003 Shri Ghosh informed that new service connected by installing meter removing from the S/C No. 314/I/G. But on physical verification, it had been observed that the new service connection in respect of S/C No. G/I-1667 was effected by installing defective meter No. RPO 10496 removed from S/C No. AGI/21 of Smt. Gayatri Devi.

Thus, it appears that Shri Hari Bhakta Ghosh failed to give full and correct information which he possessed when he was called upon to do so, and gave misinformation with ulterior motive. Such conduct of Shri Ghosh, if proved, is unbecoming on the part of an employee of the Board and constitutes an act of misconduct, lack of integrity, breach of discipline and violation of Regulations 38 and 61(i) of the WBSEB ESRs."

(2.)On receiving the charge sheet, the Respondent submitted a detailed reply denying the charges. The said reply was not accepted by the Disciplinary Authority and Departmental Enquiry was initiated appointing Enquiry Officer to enquire into the matter giving the Respondent opportunity to defend his case. Before the Enquiry Officer, the presenting officer produced the documentary evidence and witnesses. Respondent was also allowed to lead evidence and cross-examine the witnesses. On completion of enquiry and after careful examination of the evidence on record, both oral and documentary and considering the arguments raised by the parties, the Enquiry Officer, by Report dated 13th March, 1995, held the Respondent guilty of all the four charges levelled against him.
(3.)In view of the finding of the Enquiry Officer, the disciplinary Authority issued a show cause notice to Respondent on 23rd May, 1995 proposing punishment of "Removal from service". The Respondent was called upon to show cause as to why punishment proposed against him should not be imposed on him for the charges established against him. A copy of the Enquiry Officer's Report was also forwarded.