TAPABRATA CHAKRABORTY, J. - (1.) THIS writ application had been preferred challenging the show -cause notice dated 05th March, 2003, the Charge Sheet dated 22nd April, 2003, the Enquiry Report dated 31st May, 2004, the second show -cause notice dated 10th July, 2004, the final order of punishment dated 12th August, 2004 and the Appellate Authority order dated 15th March, 2005.
(2.) THE facts, in a nutshell, are that the petitioner initially entered into service as a Trainee Station Superintendent/Junior Supervisor, (Elec.) and subsequent thereto he availed promotions to the post of Junior Station Superintendent and thereafter to the post of Senior Station Superintendent. While posted as a Senior Station Superintendent at Nanda Kumar Group Electric Supply Office, the petitioner was served a show -cause notice dated 5th March, 2003 issued by the respondent no.4 stating inter alia that upon an inspection on 18th January, 2003, some irregularities had been observed in the Blue Card of consumer no.C -54034 and as the said service connection was in the name of the petitioner and as he was also the Station - In -Charge of Nanda Kumar Group Electric Supply, at that material time, the petitioner was asked to submit a statement of defence. The irregularities incorporated in the said show -cause notice dated 5th March, 2003 are as follows : - (a) Years after years the consumer is enjoying electricity with low consumption. (b) On 30.09.2000 meter was declared stop. Again meter was declared sticky on the same date as per Blue Card. (c) During the period from 01.01.2001 to 05.02.2002, average 40 units were charged against the said consumer. (d) Meter replaced on 06.02.2002. Supplementary bills had been raised for last six months at the rate of 20 units per month only. (e) Whereas after replacement of Meter, consumption comes 263 units in between 08.04.2002 to 15.07.2002, 179 units in between 16.07.2002 to 18.10.2002 and 156 units in between 19.10.2002 to 18.12.2002.
(3.) THE petitioner duly replied to the said show -cause notice on 19th March, 2003 and subsequent thereto a Charge Sheet was issued by the respondent no.4 vide memorandum dated 22nd April, 2003 incorporating the irregularities mentioned in the show -cause notice, as charges against the petitioner. The petitioner replied to the said Charge Sheet by a representation dated 6th July, 2003 and subsequent thereto vide memorandum dated 25th June, 2003 the respondent no.5 was appointed as the Enquiry Officer to conduct an enquiry pertaining to the Charge Sheet dated 22nd April, 2003.;