Rakesh Tiwari - (1.) -Heard the learned counsel for the parties and perused the record.
(2.) THE brief facts of the case giving rise to the writ petition are that in the year 1975, the petitioner was posted as store-keeper in the office of Sub-Divisional Officer, Electricity Transmission Construction, Sub-Division, Muzaffarnagar. He was incharge of the store. In the night of 24/25.6.1975, the drain cork of a transformer was stolen by some unknown persons and in its place cloth was stuffed in the oil outlet to prevent it from draining on the ground. This incident happened while the watchman was on guard duty. It is alleged by U. P. State Electricity Board (hereinafter referred to as the Board) that on account of the theft of the drain cork, the Board has suffered a loss to the tune of Rs. 60,000. The petitioner came to know about the aforesaid theft in the night itself and reported the matter to the Sub-Divisional Officer concerned on 25.6.1975 and also lodged an F.I.R. with the police authorities.
(3.) A preliminary enquiry in the aforesaid matter was conducted by one Shri N. P. Singh Katara, Sub-Divisional Officer, Electricity Transmission Construction, Sub-Division Muzaffarnagar who submitted a report on 28.6.1975 (Annexure-7 to the counter-affidavit). In the preliminary enquiry, a categorical conclusion was arrived at that the theft was committed by a non-technical man and an outsider. From the said report, it is also clear that some aspersions were made on the chowkidar Girish Chandra that if he had used a bit of intelligence, the theft could have been avoided. An enquiry was also conducted by the Executive Engineer, Electricity Transmission Construction Division, Saharanpur, who submitted an enquiry report dated 20.9.1975 to the Superintending Engineer, Electricity Transmission and Construction Circle, Aligarh. The Enquiry Officer did not find the petitioner guilty of the alleged theft of drain cork. The said enquiry report is appended as Annexure-C.A. 2 to the counter-affidavit.;