AKHILESHWAR PRASAD GUPTA Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE present writ petition has been preferred for the following reliefs

(2.) FOR issuance of an appropriate writ in the nature of certiorari to quash Resolution No. 2790 dated 2.11.1999 issued under the signature of the Joint Secretary, Bihar State Electricity Board, Patna, Respondent NO.5. as contained in Annexure -10 to this writ application whereby and whereunder, Respondent NO.5 was pleased to award punishments in the following manner

(3.) THE respondents in the counter affidavit have submitted that even though the petitioner was exonerated of all the charges by the enquiry officer, however, he was found guilty by the disciplinary authority for which a second show -cause was given and thus the prayer for quashing the order of suspension dated 2.11.1999 was not maintainable and liable to be rejected. The respondents in their counter affidavit have specifically stated that the petitioner managed to procure the second C.L. application from Sri Surendra Prasad, A.EE, Mohania who was the controlling authority and they admit that in the enquiry report submitted on 20.5.99 by Sri Kapilesh Prasad the charges as levelled against the petitioner could not be established and the Enquiry Officer exonerated the petitioner of all the charges.