- (1.) Challenge in this writ petition is to the order dated 16.08.2001 passed by The Additional Superintending Engineer, Punjab State Power Corporation Limited (Power Com)-respondent No. 3, whereby the petitioner was dismissed from service on the basis of his conviction under Section 306 IPC and he was sentenced to undergo rigorous imprisonment for 10 years with penalty of Rs. 5,000/- in the event of non-payment of fine, to further undergo rigorous imprisonment for six months. This order of conviction and sentence was passed on 15.11.2000. The appeal, which was preferred by the petitioner, has also been decided by this Court vide order dated 06.12.2010 (Annexure P-1), vide which the conviction of the appellant under Section 306 IPC has been sustained and the only relief, the petitioner/appellant had received from this Court, is that the sentence qua imprisonment was reduced to already undergone by him.
(2.) Counsel for the petitioner contends that while passing the impugned order dated 16.08.2001 (Annexure P-2), the competent authority did not take into consideration the conduct of the petitioner. As per the Division Bench judgment of this Court in the case of Kaur Singh and another v. Punjab State Electricity Board and others, 2007 4 SCT 426, while relying upon a judgment of the Hon'ble Supreme Court in the case of Union of India v. Tulsi Ram Patel, 1985 2 SLR 576 and other judgments, came to the conclusion that the competent authority was required to consider the entire conduct of the delinquent employee, the gravity of the misconduct committed by him and the impact which his misconduct is likely to have on the administration and other extenuating circumstances or redeeming features if any present in the case. He, on this basis, contends that the impugned order, which does not take into consideration the conduct of the petitioner and the mandate of the law, deserves to be set aside.
(3.) Considering the submissions made by the counsel for the petitioner, there can be no dispute with regard to the law laid down by this Court as well as the Hon'ble Supreme Court and, therefore, these principles are to be seen whether have been applied while passing the impugned order dated 16.08.2001 (Annexure P-2) by the competent authority.;