- (1.) The petitioner who is an Assistant Engineer in Electricity Board, seeks to quash the impugned order of punishment of stoppage of increment for a period of two years without cumulative effect by order of the second respondent dated 12.6.1995 and confirmed by the third respondent dated 19.2.1997.
(2.) By a charge memo dated 4.7.1994 the petitioner was charged of gross negligence and dereliction of duty. The first charge relates to an incident on 10.8.1993 that an ACSR Conductor was stolen from the pocket stores of Ottapidaram Sub-station. Even prior to the said incident on 7.8.1993, 100 meters of Aluminium conductor had been stolen from the same stores. The Executive Engineer had directed that a complaint be lodged with the police but no report was made to the police. It is alleged that if only the delinquent had taken proper action, further theft could have been averted. Charge No.2, alleges dereliction of duty, namely that he was in the habit of not staying in his official head quarters at Ottapidaram. He has been provided with departmental quarters within the sub-station premises having regard to the nature of his work and he was leaving the headquarters very often without permission in spite of instructions and warnings issued by the Executive Engineer. As a result of not staying in the headquarters he was unable to control the theft which amounted to gross negligence.
(3.) In the explanation of the petitioner, the petitioner contended that he was not responsible for the theft of any material. He contended that there was no theft of 100 meters of conductor on 7.8.1993 and hence no police complaint was made. He was staying in the headquarters regularly and that on 10.8.1993 he left the headquarters only after due permission from the competent officials.;