WEST BENGAL STATE ELECTRICITY BOARD Vs. DESH BANDHU GHOSH

JUDGEMENT

(1.) Special leave granted.

(2.) The West Bengal State Electricity Board is the principal appellant in this appeal by special leave which we have just now granted. The first respondent, a permanent employee of the West Bengal State Electricity Board, filed the writ petition out of which the appeal arises in the Calcutta High Court to quash an order dated March 22, 1984 of the Secretary, West Bengal State Electricity Board terminating his services as Deputy Secretary with immediate effect on payment of three months salary in lieu of three months notice. The order gave gave no reasons for terminating the services of the respondent and there was nothing in the order which could possibly be said to attach any stigma to the respondent. Apparently the order was made under Regulation 34 of the Boards Regulations which enables the Board to terminate the services of any permanent employee by serving three months notice or on payment of salary for the corresponding period in lieu thereof. The High Court contrasted Regulation 34 with Regulation 33 which provides for the termination of services of both permanent and temporary employees of the Board on attaining the age of superannuation. as a result of the disciplinary action etc. For the sake of convenience we extract below Regulation 33 and the first paragraph (which alone is relevant) of Regulation 34 :

(3.) The learned counsel for the West Bengal State Electricity Board submitted' that Regulation 34 did not offend Art. 14 of the Constitution, that Ss. 18A and 19 of the Electricity (Supply) Act laid down sufficient guidelines for the exercise of the power under Regulation 34 and in any case the power to terminate the services of a permanent employee was vested in higher ranking officials and might be expected to be exercised in a reasonable way.