- (1.) The instant petition is directed against the order dated 1.8.2005 (P-3), passed by the Engineer-in-Chief, Distribution (West), P.S.E.B., Bhatinda. According to the impugned order two annual increments of the petitioner without future effect have been stopped. It has further been ordered to make recovery from him of an amount of Rs. 15,47,151/-. The aforementioned order has been passed after the reply was filed by the petitioner to the charge-sheet dated 4.12.2002. However, it is pertinent to mention that the petitioner died on 25.4.2006 during the pendency of the petition.
(2.) Brief facts of the case are that the petitioner joined the service of the Punjab State Electricity Board (for brevity, 'the Board') on 22.5.1979. On 7.6.1991, the petitioner filed a civil suit in the Court of Civil Judge Ist Class, Muktsar, challenging the charge-sheet issued to him. His suit was decreed and the appeal filed by the Board was dismissed by the learned District Judge, Faridkot, vide its judgment and decree dated 10.11.1993 thereby upholding the judgment and decree of the trial Court.
(3.) The petitioner was again charge-sheeted on 21.4.2004 on the charges that as per Special Audit Report, he had allegedly made refund of Rs. 6,39,158/- secretly to the consumers on Advice No. 81, which could not be recovered because the accounts in question become P.D.C.O. As per the Special Audit Report, the petitioner made a bogus refund of Rs. 9,28,241/- to the consumers unauthorisedly and caused a loss of Rs. 2,10,895/- to the Board as a result of double refund to the consumers. It was further alleged that the petitioner had caused financial loss to the Board by converting tariff of the N.R.Is as Home Tariff and by increasing/decreasing the load. He also did not reply to the letters dated 21.7.2003, 1.9.2003 and 19.8.2003 in connection with the above charges. The Board issued a charge-sheet under Regulation 8 of the Punjab State Electricity Board Employees (Punishment and Appeal) Regulations, 1971 (for brevity, 'the Regulations'). The petitioner filed his reply to the charge-sheet on 8.10.2004 (P-2) stating that he had already replied to the charges that until he gets the Sundry Register he will not be able to reply to the charges and also stated that the registers were with Shri Manjit Singh, L.D.C. and he himself contacted him to get the registers but the same were not made available to him on one pretext or the other. The reply, dated 8.10.2004 (P-2) shows that the petitioner had controverted the allegation and contested the charge-sheet tooth and nail. After the receipt of the reply of the petitioner, the Board passed the impugned order dated 1.8.2005 (P-3) by observing as under :- "Whereas, the employee in his reply to the disciplinary proceedings has not remitted (admitted ?) the allegation levelled against him. Whereas, the case of the officials has been considered keeping in view the comments of the field officers and engineer in chief/distribution (West) Bhatinda and he has been held guilty of the charges levelled against him. Whereas, the engineer in chief/distribution (West) Bhatinda has disposed of the case by holding the held the official guilty and stopping his two annual increments without future effect, besides making of recovery of Rs. 15,47,151/- from him. As per above the stoppage of two annual increments of Shri Sarupinder Singh, UDC Sub-division Arny wala are ordered to be stopped without future effect and of making of recovery from him of Rs. 15,47,151/-. This being issued with the approval of the engineer in chief/distribution (West) Bhatinda.";