H.P. STATE ELECTRICITY BOARD LTD. Vs. MAHESH DAHIYA

JUDGEMENT

(1.) Leave granted.

(2.) This Appeal has been filed by H. P. State Electricity Board, questioning the judgment of Division Bench of Himachal Pradesh High Court dated 09.04.2015 in LPA No. 340 of 2012. Letters Patent Appeal was filed by appellant against the judgment and order of learned Single Judge dated 09.04.2012 in Writ Petition CWP No.522 of 2010 by which judgment the writ petition filed by the respondent challenging the order of punishment of compulsory retirement as well as order of the Appellate Authority, dismissing the appeal were setaside with direction to reinstate the writ petitioner forthwith with all consequential benefits. Board was also directed to open the sealed cover and promote the writ petitioner to the post of Superintending Engineer, if he is found suitable by the Departmental Promotion Committee. The brief facts necessary for deciding this appeal are:

(3.) The Board decided to hold a disciplinary proceeding against the writ petitioner under Rule 14 of CCS(CCA) Rules, 1965 (hereinafter referred to as 'Rules'). A Memo and Article of Charge dated 21.09.2006 was served on the writ petitioner. Writ petitioner submitted a reply to the charges on 15.10.2006. An Inquiry Officer was appointed by Disciplinary Authority who conducted the inquiry. In the inquiry the department has produced oral evidence of two witnesses, namely, Mr. S. D. Rattan, Director (Comm.) (PW1) and Shri Brij Lal Kiashta Section Officer (PW2). writ petitioner produced P.C. Sardana, retired Chief Engineer as defence witness. Various documents were produced by the department and the Inquiry Officer after holding eight hearings submitted an inquiry report dated 29.12.2007. Inquiry Officer in his report after considering the evidence held the charge proved by stating the following: