S.R. Singh, J. - (1.) U. P. State Electricity Board, in short the Board, through its Executive Engineer, Electricity Civil Construction Division, 57 George Town. Allahabad filed the instant special appeal against the judgment/order dated 27.10.1995 of learned single Judge rendered in Civil Misc. Writ Petition No. 1146 of 1988 filed by V.J. Alexander--the respondent herein--against the order dated 26.9.1987 of his removal from Board's service. The learned single Judge has quashed the order dated 26.9.1987 communicated to the writ petitioner vide letter dated 10.12.1987 with a direction that the petitioner be reinstated with all benefits.
(2.) The events to which this appeal owes its advent to this Court stated briefly, with a view to appreciating the questions involved herein, are these : The respondent V.J. Alexander was placed under suspension vide order dated 8.10.1974 and served with charge-sheet on 5.4.1975 ; disciplinary proceeding, however, culminated in an order dated 5.5.1982 by the Disciplinary Authority which reads as under : "No. 828--Sec, (III) 3B-285, dated May 5, 1982 Office Memorandum.--After careful examination of the disciplinary proceedings initiated against one Sri V.J. Alexander, Junior Engineer (Civil) under suspension so far, it has been found that the disciplinary proceedings have not been properly conducted and there have been procedural lacuna in conducting the disciplinary proceedings. Therefore, the proceedings held against V.J. Alexander. Junior Engineer (Civil) so far, are declared null and void. The proceeding shall now be held de novo."
(3.) Sri S.K. Jain, Executive Engineer. Electricity Civil Construction Division. Varanasi was appointed as enquiry officer for conducting the fresh enquiry pursuant to the order dated 5.5.1982 on charges, inter alia, that the respondent was guilty of negligence in performing duties ; of misappropriation of Board's material and causing loss amounting to Rs. 25.557 to the Board. It appears that charge-sheet dated 17.3.1983 could not be served on the respondent-employee at his Allahabad address and, therefore, it was sent at permanent home address of the petitioner endorsing a copy of the same to the District Magistrate, Alleppy (Kerala) for its service upon respondent-petitioner but that too was received back undelivered with remark "Incomplete address" and since the charge-sheet so sent at permanent home address of the petitioner recorded in the service book was received back undelivered, he was asked through publication in newspaper including Amrit Prabhat. Allahabad, to receive charge-sheet and submit reply in defence latest by 17.8.1983, but even after publication in the newspaper the respondent did not attend the office to collect charge-sheet from the enquiry officer nor did he submit any reply and, therefore, enquiry was conducted ex parte and enquiry report dated 8.7.1987 was submitted by the enquiry officer. The Disciplinary Authority, upon consideration of the report of the enquiry officer along with other records and facts of the case found the charges levelled against the respondent established/ proved beyond doubt and awarded the following punishment vide order dated 26.9,1987 : "(i) V.J. Alexander, Junior Engineer (Civil) is hereby removed from Board's service with effect from the date of his suspension, i.e., 8.10.1974. (ii) Recovery of nett shortages worked out as Rs. 25,285.39 (Rupees twenty five thousand two hundred eighty five and paise thirty nine only) shall be recovered from his claims/bills.";