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2013 Supreme(SC) 690

K.S.RADHAKRISHNAN, PINAKI CHANDRA GHOSE
D. H. B. V. N. L. Vidyut Nagar, Hisar – Appellant
Versus
Yashvir Singh Gulia – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Leave granted.

2. The question that arises for consideration in this appeal is whether once a charge-sheet has been issued for imposition of a major penalty under Regulation 7 of the Haryana State Electricity Board Employees (Punishment & Appeal) Regulations, 1990 [for short “the Regulations 1990”], is it obligatory on the part of the Disciplinary Authority to conduct a full fledged departmental inquiry even if, after considering the reply of the delinquent, the authority decides to impose a minor penalty, for which no departmental inquiry is provided under the Regulations.

3. The respondent herein who was working as an Assistant Law Officer, was served with a charge-sheet on 14.8.1992 alleging that he had exceeded his power by directing implementation of an arbitration award dated 10.9.1991 without getting approval of the superior Authorities. Respondent filed three replies to the charge-sheet and the replies submitted by the respondent were considered by the Board and it was decided to impose only a minor penalty vide its order dated 4.7.1994, the operative portion of which reads as follows:

“HARYANA STATE ELECY. BOARD

OFFICE ORDER NO. 144/COMF-2407 D







































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