- (1.) Heard counsel for the parties.
(2.) The order of dismissal from service dated 24.8.1999(Annexure-1) passed by the Bihar State Electricity Board(B.S.E.B) and communicated through the Joint Secretary of the Board is under challenge by the petitioner who was a Store Assistant. The order in appeal dated 7.3.2000 passed by the Chairman, B.S.E.B contained in memo no. 383 dated 18.3.2000(Annexure-2) is also under challenge as it upheld the order of punishment. Petitioner has also made a prayer for reinstatement in service upon setting aside of the order of punishment and full salary for the period of suspension and arrears of salary on his reinstatement.
(3.) The charges are at Annexure-14 dated 10.11.1994. It alleges that the petitioner, while posted at Patna Electricity Supply Undertaking (PESU), West Patna, was proceeded for dereliction of duty, misappropriation of Board's property and gross misconduct. He was authorized by the then Electricity Supply Engineer, PESU to take delivery of Rail Poles from the stockyard of the Steel Authority of India (S.A.I.L.) at Rajendra Nagar, Patna against the enumerated delivery orders and transport them to the various work sites as per the allocation made by the Electricity Supply Engineer in the allotment order no.5 dated 13.1.1990. According to the receipt challan of the S.A.I.L, he received a total of 141.30 Tonnes of Rails out of which he transported 128.355 Tones of Rail only to the various work sites. Thus, he could not deliver all the Rails received from the S.A.I.L and misappropriated 12.945 Tonnes of rails worth Rs.1,14,498.52 only. The memo of evidence contains several documentary evidences which are letters, Inquiry Report, Show cause of the petitioner etc and also list of witnesses i.e. Sri S.S. Rekhi, the then Electric Supply Engineer, PESU(West), Sri R.P.Singh, Chief Engineer, Sri Lal Bachcha Singh, the then Assistant Electrical Engineer, Store, Sri B.P.Singh, Executive Electrical Engineer, Construction Division, PESU. The petitioner's reply was found unsatisfactory on the charges. A departmental proceeding was initiated in which petitioner participated and thereafter inquiry report was submitted holding the petitioner guilty, which is at Annexure-25 to the Supplementary Affidavit filed by the petitioner. Thereafter, on the issuance of the second show cause and upon submission of petitioner's reply, the order of punishment has been passed. The order of punishment was challenged in appeal before the Chairman, B.S.E.B. The memo of appeal is at Annexure-23. The Appellate Authority has also confirmed the order of punishment of dismissal from service as per Annexure-2 dated 18.3.2000.;