Aparesh Kumar Singh, J. - (1.) BY Court Heard learned counsel for the parties.
(2.) THE petitioner, herein, has challenged the order of punishment contained in Memo No. 1273 dated 2nd March, 2000, passed by the Disciplinary Authority imposing punishments: (i) stoppage of two annual increments with cumulative effect; (ii) debarment from promotion to the next higher post for one year from the date it falls due; (iii) he would not be entitled to anything other than subsistence allowance already drawn during the period of suspension and shall also not earn increments during the said period; (iv) An entry of censure shall be made in his A.C.R. for the years 1994 -95. The facts of the instant case reveal that they are identical to the facts of the writ petition being CWJC No. 4092 of 2000 (P) in the case of Birendra Prasad and another -Vs. - The Bihar State Electricity Board, which was decided by this Court on 21st March, 2013.
(3.) THE petitioners in the said case, namely, Birendra Prasad and Leela Raman Jha were also working as Operators in Group -B Shift at the relevant point of time along with the present petitioner, who was Assistant Controller in Group -B Shift. On 23rd February, 1995 in the night at Patratu Thermal Power Project under the Respondent -Board an incident occurred in Boiler Drum Unit No. 9, which caused loss of generation and consequent financial loss to the tune of Rs. 1 Crore to the Board because of closing down of the Unit for several months. The present petitioner like the other two persons were jointly proceeded in a departmental proceeding, the report of which was submitted on 1st September, 1997, Annexure -6. The Enquiry Officer exonerated the present petitioner as also the other two persons stating as follows: According to the statement of prosecution witness and cross -examination placed in file at C/57 to C/85 related to enquiry against workmen of Group 'B' all the four suspended workmen of Group -'B' performed their duties satisfactorily. None of the main allegation levelled against Sri Jay Prakash Pandey, Assistant Controller, Sri Leela Raman Jha, Operator, Sri Birendra Prasad, Operator, Sri Anil Kumar Jha, Operator all of Group -'B' could be established.;