M.Y. Eqbal, J. - (1.) In the instant writ application the petitioner has prayed for quashing the order as contained in resolution dated 2.3.2006 whereby punishment of withholding of five annual increments with cumulative effect and censor in A.C.R. has been inflicted upon him.
(2.) It appears that while the petitioner was posted as Electrical Executive Engineer some complaints were received regarding theft of energy by some of the industries. Keeping in view of the complaints, a surprise inspection was made by the Electrical Superintending Engineer (anti power theft). On inspection it was found that some of the consumers were indulged in energy theft with the connivance of Electrical Executive Engineer, ES Sub-Division, Lohardaga and Assistant Electrical Engineer. ES Sub-division, Lohardaga. Finding prima facie case of negligence in duty the respondents-Board proceeded against the officials including the petitioner depart-mentally and accordingly, petitioner was asked for explanation providing them detailed charges and facts thereof. After due consideration of the explanation submitted by the petitioner it was found that the inspection was not satisfactory. Consequently, the impugned punishment has been imposed upon him.
(3.) The respondents in their counter affidavit have stated that since all the consumers are lying under jurisdictional and administrative control of the petitioner and other officials they were duty bound to prevent the energy theft but they have failed to prevent energy theft rather consumers enhanced their load unilaterally and the petitioner did not take any punitive action against the consumers. This transpires that the consumer in connivance with the petitioner caused huge financial loss to Board.;