Ashok Bhushan, J. - (1.) This appeal has been filed challenging the judgment of the Calcutta High Court dated 20.09.2017 allowing the writ appeal filed by the respondent. The respondent has filed appeal before the Division Bench of the Calcutta High Court questioning the judgment of learned Single Judge passed in Writ Petition No.2712(W) of 2010 - Rathin Ghosh vs. West Bengal State Electricity Distribution Company Limited, whereby the writ petition was allowed setting aside the dismissal order of the appellant with all consequential benefits.
(2.) The appellant was appointed as Graduate Engineer (Training) in the year 1985 in the West Bengal State Electricity Board, which subsequently was restructured and reorganized to form the West Bengal State Electricity Distribution Company Ltd. (hereinafter referred to as 'Company'). The appellant on account of his work and conduct was promoted to different posts and in the year 2007, he was holding the post of Superintending Engineer. In February, 2007 he was asked to prepare a draft specification of single-phase static meters. The draft specification submitted by the appellant was approved by the competent authority, which technical specifications were to be provided to all bidders and was an open document. Tender No.P-2/2007-08/(P-II) was published for purchase of 20 lakh meters which tender was cancelled for technical reasons. Fresh specifications drafted by Advisor (Security and Vigilance) and settled by Additional Chief Engineer (District Testing) was approved by all Technical Directors of the Board of Directors and the Chairman-cum-Managing Director. The Tender No.P-28/2007-08 was issued by the Company for procurement of 10 lakh meters on 09.01.2008. Nineteen bids along with their respective sample meters were received by the Company on 08.02.2008. The samples of the meters were sent to the Additional Chief Engineer (Testing) for evaluation. On 13.03.2008 the said meters were tested by a team of officers and technicians which included the appellant. On 26.03.2008, the appellant received the personal invitation from an organization IEEMA to attend a presentation organised in New Delhi. On testing of sample meters by the team of officers, only four bidders were found technically qualified which also included one bidder-M/s. Secure Meters. The Chairman of the Company on 31.03.2008 approved the opening of the price bids of the three technically suitable bidders, bids were opened and M/s. Secure Meters was declared the successful bidder to the highest rate. Other two bidders were also successful bidders having offered rates lower than M/s. Secure Meters. On 16.04.2008, the appellant informed his immediate superior Officer, Additional Chief Engineer (Distt. Testing) about his going to New Delhi to attend IEEMA's Conference. The appellant got his Air Tickets booked from Globe Travel Agents, who were the travel agents of M/s. Secure Meters for to and fro visit to Delhi. On 17.04.2008, the appellant attended the IEEMA Conference at New Delhi and returned on 17.04.2008 to Calcutta itself. On 18.04.2008, the Globe Travel Agency raised an invoice of Rs. 12,350/- for the return air ticket of the appellant upon M/s. Secure Meters as the booking was done through them. On 24.04.2008, on an enquiry by the Corporate Vigilance Department of the Company to Globe Travel Agency about the appellant's ticket, which informed that the payment towards the aforesaid invoice was still due. On 28.04.2008, the appellant paid the entire amount of Rs.12,350/- to M/s. Secure Meters for payment of the aforesaid invoice raised by Globe Travel Agency. On 29.04.2008, the respondent-Company suspended the appellant and initiated disciplinary proceedings. The appellant was suspended alleging gross misconduct tarnishing the image of the Company.
(3.) The appellant, who had 22 years unblemished service to his credit, felt hurt by the act of the Company suspending him. The appellant on 13.05.2008 submitted his resignation to the Company. The appellant in his resignation letter mentioned that his order of suspension is an act of vengeance instigated by the parties whose personal agenda had been disturbed by his honest intentions. The appellant also expressed his willingness to pay the Company three months salary in lieu of notice. A charge-sheet dated 28.05.2008 was submitted. The charge-sheet was served on the appellant on 28.05.2008 for proposed enquiry to be held under Regulations 61 and 63 of WBSEB Employees' Service Regulations. The appellant submitted his reply. The charge-sheet also listed several documentary evidences including invitation from IEEMA dated 17.04.2008, the attendance sheet of participants in the presentation held on 17.04.2008 at New Delhi.;