THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.95 of 2016
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
27.01.2015 passed by the learned Single Judge in W.P.No.41350 of
2014.
The facts of the case reveal that the appellant before this
court was appointed as an Assistant Engineer on 18.05.2005 and
while he was working at Warangal, he inspected Ashoka Bar &
Restaurant, Nakkalagutta, Hanamkonda, between 15.00 and 16.45
hours on 25.02.2011. He noticed the tampering in the meter box
and action was initiated against the consumer for evasion of
electricity consumption charges. There was a complaint against
the appellant relating to his alleged involvement in receiving illegal
gratification and of breachment of departmental rules and it was
alleged that the appellant has wilfully and with mala fide intention,
approached the consumer personally/over phone/representative
and has bargained with him for reducing the theft load. Other
charges were also levelled against the appellant and thereafter, a
detailed enquiry took place in the matter.
It is true that the documentary evidence produced before the
enquiry officer reveals that deliberately, with mala fide intention,
the appellant has recorded different loads on the same items on
the date of inspection, in order to ensure that the revenue which
was to be worked out is reduced drastically. Before the enquiry
officer, charges were established. In spite of the gravity of
misconduct, the Chairman-cum-Managing Director, based upon
2
the enquiry report, has inflicted the punishment of stoppage of two
annual grade increments with cumulative effect, by order dated
19.02.2013. The said order was passed after issuing a proper
show cause notice and no procedural irregularity was established
before the learned Single Judge. Before this court also, no
procedural lapse has been pointed out nor is evident from the
record.
Learned counsel for the appellant has vehemently argued
before this court that the appellant was working in the post of
Assistant Engineer and the Chief Engineer was the competent
authority to inflict the punishment. However, the punishment has
been inflicted upon him by the Managing Director and therefore, as
the Managing Director is an appellate authority and the Chief
Engineer is the disciplinary authority, the appellant does not have
a right to appeal and the order of punishment deserves to be set
aside on this count alone.
Learned counsel for the respondent has argued before this
court that the punishment has been inflicted upon by an authority certainly higher than the disciplinary authority. However, it is not a case where there is no appellate authority available in respect of orders passed by the Chairman-cum-Managing Director and appeal lies to the Board. The appellant did submit an appeal to the Board, which was dismissed by the Board by an order dated 03.10.2013. The order dated 03.10.2013 was not challenged before the learned Single Judge nor before this court.
In the considered opinion of this court, once no procedural irregularity has taken place in the departmental enquiry, the 3 appellant has been dealt with great leniency, the order of punishment has been passed by the Chairman-cum-Managing Director, who is certainly a higher authority than the Chief Engineer, there is a forum of appeal also before the Board and the same was preferred by the present appellant/writ petitioner, the question of interference does not arise. Learned counsel for the appellant has not been able to point out any procedural irregularity or violation of statutory provision of law in the matter.
Resultantly, this court does not find any reason to interfere with the order passed by the learned single Judge.
The writ appeal is dismissed.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 09.12.2021 JSU