ASHOK BHUSHAN, J. - (1.) Leave granted.
(2.) This Appeal has been filed by H. P. State Electricity Board, questioning the judgment of Division Bench of Himachal Pradesh High Court dated 09.04.2015 in LPA No. 340 of 2012. Letters Patent Appeal was filed by appellant against the judgment and order of learned Single Judge dated 09.04.2012 in Writ Petition CWP No.522 of 2010 by which judgment the writ petition filed by the respondent challenging the order of punishment of compulsory retirement as well as order of the Appellate Authority, dismissing the appeal were setaside with direction to reinstate the writ petitioner forthwith with all consequential benefits. Board was also directed to open the sealed cover and promote the writ petitioner to the post of Superintending Engineer, if he is found suitable by the Departmental Promotion Committee. The brief facts necessary for deciding this appeal are: The appellant shall be referred to hereinafter as 'Board' and the respondent as the 'writ petitioner'. The writ petitioner, a native of District Rohtak, Haryana was appointed as Assistant Engineer in the Corporation in the year 1983. He was promoted as Assistant Executive Engineer in 1989. He was sent on deputation to the Rural Electrification Corporation of India and posted at Delhi. In the year 2005, writ petitioner was repatriated and posted at H. P. State Electricity Board, Shimla as Senior Executive Engineer. After repatriation, he remained on leave for 103 days. On 04.06.2005, writ petitioner was admitted in IGMC Hospital, Shimla from where, he was discharged on 16.06.2005. Writ petitioner obtained fitness certificate on 23.07.2005 from IGMC Hospital and joined his duties on 25.07.2005. After joining, he submitted leave application upto 23.07.2005 for postfacto sanction which was granted. On 30.07.2005, writ petitioner submitted a leave application on medical ground with permission to leave station. Without awaiting for sanction of the leave, writ petitioner left the station. With reference to leave application dated 30.07.2005 submitted by the writ petitioner, he was advised vide letter dated 25.08.2005 of the Chief Engineer to appear before the Medical Board. The Chief Medical Officer D.D.U. Hospital, Shimla was requested to constitute a Medical Board to examine and confirm about the illness. Writ petitioner was advised that joining will be accepted only on production of the medical certificate of the Medical Board. The letter was sent to his hometown Rohtak. When nothing was heard from writ petitioner, telegrams were further sent on 07.09.2005, 30.09.2005 and 21.10.2005, asking the writ petitioner to appear before the Medical Board. On 30.09.2005, writ petitioner was also given warning that disobedience will invite the disciplinary action. Lastly, on 02.12.2005, writ petitioner was again directed to appear before Medical Board, Shimla otherwise disciplinary action will be initiated and the matter has been viewed seriously by Board authorities. Writ petitioner did not appear before the Board, and consequently, he was placed under suspension by order dated 21.01.2006. The writ petitioner obtained a MedicalcumFitness Certificate from Rohtak and he visited IGMC Shimla on 18.02.2006 for obtaining a Medical Certificate. IGMC Shimla issued a medical certificate on 18.02.2006. Joining report dated 20.02.2006 was submitted before the Superintending Engineer (Op.) Circle, HPSEB. Writ petitioner on 27.02.2006 submitted a representation for revocation of his suspension.
(3.) The Board decided to hold a disciplinary proceeding against the writ petitioner under Rule 14 of CCS(CCA) Rules, 1965 (hereinafter referred to as 'Rules'). A Memo and Article of Charge dated 21.09.2006 was served on the writ petitioner. Writ petitioner submitted a reply to the charges on 15.10.2006. An Inquiry Officer was appointed by Disciplinary Authority who conducted the inquiry. In the inquiry the department has produced oral evidence of two witnesses, namely, Mr. S. D. Rattan, Director (Comm.) (PW1) and Shri Brij Lal Kiashta Section Officer (PW2). writ petitioner produced P.C. Sardana, retired Chief Engineer as defence witness. Various documents were produced by the department and the Inquiry Officer after holding eight hearings submitted an inquiry report dated 29.12.2007. Inquiry Officer in his report after considering the evidence held the charge proved by stating the following: "Therefore, in my opinion Delinquent Officer failed to comply with the direction of his superiors for appearing before the Medical Board. As such the charge leveled against Er. Dahiya stands proved that he has willfully absented himself from official duties and has disobeyed the directions of his superiors. Charge No.1 Proved." ;