Ajit Kumar vs Bihar State Power Holding Company ...
2023 Latest Caselaw 5327 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.7271 of 2016
     ======================================================

Ajit Kumar Son of Sri Ram Lalan Ram, resident of 22/E, Mangalam Vihar Colony, Ara Garden Road, Jagdeo Path, P.O.- Veterinary College, P.S.- Rupaspur, District- Patna, at present Lekha Nagar, in front of Holy Cross International School, Khagaul Road, P.O.+ P.S.- Khagaul, District- Patna.

... ... Petitioner/s Versus

1. Bihar State Power (Holding) Company Ltd. Patna, having its registered office at Vidyut Bhawan, Bailey Road, Patna, successor of the erstwhile Bihar State Electricity Board, through its Chairman-cum-Managing Director.

2. South Bihar Power Distribution Company Ltd. (a Govt. of Bihar undertaking), having its registered office at Vidyut Bhawan, Bailey Road, Patna, through its Chairman-cum-Managing Director.

3. General Manager (H.R. and Admn.), South Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

4. Deputy General Manager (H.R. and Admn.), South Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

5. Deputy General Manager (Revenue), South Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

6. Executive Engineer, Electricity Supply Division, Biharsharif.

7. Assistant Electrical Engineer, Electricity Supply Sub-Division (in-short ESSD), Asthawan, Biharshari

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Anju Kumari @ Anju Narain, Advocate For the Respondent/s : Mr. Sanjay Kumar Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 13-10-2023

1. The present writ petition has been filed

seeking quashing of the order dated 27.02.2015,

passed by the General Manager (H. R. & Admn.),

South Bihar Power Distribution Company Ltd., Patna High Court CWJC No.7271 of 2016 dt.13-10-2023

Patna to the extent the services of the petitioner

have been terminated on the ground of

unauthorised absence as also his services have

been found to be unsatisfactory during the

probation period.

2. The brief facts of the case, according to the

petitioner, are that the petitioner had applied for

being appointed as a Junior Electrical Engineer,

pursuant to an Employment Notice No.03/2013

having been issued by the respondents,

whereupon he was selected and an appointment

letter dated 18.02.2014 was issued to the

petitioner and then the petitioner had joined at

Electrical Supply Sub-Division, Asthawan on

22.02.2014. It is further submitted that

unfortunately, on 01.04.2014, the petitioner fell ill

and it transpired thereafter, that he was suffering

from tuberculosis, hence he was advised rest,

initially for three months and then again for further

three months. It is also submitted that without

waiting for the petitioner to join his duties after

getting well, the impugned order dated 27.02.2015 Patna High Court CWJC No.7271 of 2016 dt.13-10-2023

was passed illegally, hence it is prayed that the

same be quashed.

3. The learned counsel for the petitioner

has further submitted that the impugned order has

been passed without giving any opportunity of

hearing to the petitioner, hence the same is bad in

the eyes of law.

4. Per contra, the learned counsel for the

respondent has referred to the counter affidavit

filed in the present case to submit that the

petitioner had joined as Junior Electrical Engineer

Grade-II with the respondent Company on

21.02.2014 and was posted at Electrical Supply

Sub-Division, Asthawan, where he had submitted

his joining on 22.02.2014. It is also submitted that

the petitioner became unauthorisedly absent from

his place of posting, without any information/

permission with effect from 28.03.2014,

whereupon the Electrical Executive Engineer,

Electric Supply Division, Biharsharif, vide letter

dated 19.05.2014, informed his superiors about

the unathorised absence of the petitioner from his Patna High Court CWJC No.7271 of 2016 dt.13-10-2023

duties with effect from 28.03.2014. It is also

submitted that the Electrical Executive Engineer,

Electric Supply Division, Biharsharif used to be

informed by the petitioner that he would resign

from the services of the Company. The Electrical

Executive Engineer, Electric Supply Division,

Biharsharif, vide letter dated 16.08.2014, had also

issued a show-cause notice to the petitioner

regarding his unauthorised absence, however, the

petitioner did not reply to the same. In fact, the

petitioner had also failed to execute the security

bond of a sum of Rs.50,000/- against his

employment, as was mandatorily required, as per

the terms and conditions of appointment.

5. In such view of the mater, the case of the

petitioner was considered taking into account

Clause 16.2 of the Recruitment Rules, which

stipulates that in case, in the opinion of the

Company, the services of an employee, appointed

on probation, are not found to be satisfactory

during the period of probation, the Company can

dispense with his services, and upon review, it was Patna High Court CWJC No.7271 of 2016 dt.13-10-2023

found that the services of the petitioner were

thoroughly unsatisfactory inasmuch as he had

been on unauthorized absence with effect from

28.03.2014, till the passing of the impugned order

dated 27.02.2015, hence the respondent-

Company, vide the impugned order dated

27.02.2015, has terminated the services of the

petitioner. Thus, it is submitted that there is no

lacuna in the action taken by the respondent-

Company.

6. I have heard the learned counsel for the

parties and perused the materials on record, from

which it is apparent that the Company has

complied with the principles of natural justice,

before terminating the services of the petitioner,

apart from the fact that the petitioner was

unauthorizedly absent with effect from 28.03.2014

till the date of passing of the order of termination

and had failed to respond to the show-cause notice

dated 16.08.2014 as also upon review, his services

have been found to be unsatisfactory during the

probation period, thus taking into account Clause Patna High Court CWJC No.7271 of 2016 dt.13-10-2023

16.2 of the Recruitment Rules of the respondent-

Company, the services of the petitioner have

rightly been dispensed with.

7. Having regard to the facts and circumstances

of the case and for the reasons mentioned

hereinabove, this Court finds that there is no

infirmity in the impugned order dated 27.02.2015,

passed by the respondent-Company, hence the

present writ petition stands dismissed, being bereft

of any merit.

(Mohit Kumar Shah, J)

kanchan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.10.2023
Transmission Date       NA