DR.BHARAT BHUSHAN PARSOON , J. - (1.) IN this petition filed under Article 226 read with 227 of the Constitution of India, the petitioner prays for issuance of a writ in the nature of certiorari for quashing of the order dated 8.1.1996 (Annexure P -18) whereby, while deciding the appeal of the petitioner and affording an opportunity of personal hearing, the petitioner has been ordered to be reduced to the rank of JE -I till his retirement without grant of any future increments. The petitioner prays for grant of all consequential benefits, i.e., promotion, increments, seniority etc. along with payment of arrears with 18% interest per annum.
(2.) THE facts necessary for adjudication of the controversy may be noticed briefly. The petitioner was appointed as Junior Engineer Grade II (JE -II) in the Punjab State Electricity Board in joint Punjab on 7.7.1962 and later on, with the creation of State of Haryana, his services were allocated to the Haryana State Electricity Board - respondent No.1 (hereinafter referred to as the Board). On 10.1.1990, the petitioner was served with a charge sheet dated 26.10.1989 (Annexure P -3) to which he submitted his reply on 5.12.1990. On the asking of the Chief Engineer (Operation), Superintending Engineer, Operation Circle, HSEB, Kurukshetra submitted his comments on the reply furnished by the petitioner. Departmental inquiry was held wherein the petitioner participated. The petitioner was held guilty on 12 counts except for the charges at Sr. No.5, 7 and 8 out of the 15 charges which were gone into in the departmental inquiry proceedings and consequently, show cause notice dated 28.6.1993 (Annexure P -12) proposing to remove him from service was issued. In response to the aforesaid show cause notice, the petitioner furnished his detailed reply vide Annexure P -13. Thereafter, vide order dated 19.11.1993 (Annexure P -14), the Secretary of the respondent -Board, after considering reply of the petitioner, removed him from service. The petitioner challenged his removal from service in CWP No.15106 of 1993 in this Court. On a consensus arrived at between the parties, the said writ petition was disposed of by a Division Bench of this Court vide order dated 25.8.1994 by relegating the petitioner to the remedy of statutory appeal.
(3.) IN pursuance of the order passed by this Court in CWP No.15106 of 1993, statutory appeal (Annexure P -16) preferred by the petitioner was considered by a team of four whole -time Members, who after considering the entire matter in detail and affording an opportunity of hearing to the petitioner, concurred with the order of removal passed by the competent authority and passed an order dated 9.2.1995 (Annexure P -17) in this regard.;