IMPORTANT POINT
An authority higher than the disciplinary authority can pass order of punishment if the statutory right to appeal is not denied to the delinquent.

Judgment :-

Dipak Misra, J.

Leave granted.

2. Calling in question the legal acceptability of the order dated 11.2.2011 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Writ Petition (S/B) No. 211 of 2011 whereby the Division Bench has affirmed the judgment dated 23.9.2010 passed by the State Public Service Tribunal, Lucknow, (for short “the tribunal”) in claim petition No. 683 of 2000 wherein the tribunal had set aside the order dated 12.10.1999 passed by the U.P. State Electricity Board (UPSEB) imposing punishment of deduction of 10% amount of pension payable to the original respondent, Virendra Lal, predecessor-in-interest of the respondents herein, the U.P. Power Corporation Ltd. (for short “the Corporation) and its functionaries have preferred this appeal by special leave.

3. The expose’ of facts are that late Virendra Lal was posted as Assistant Engineer in Electricity Distribution Division, Sultanpur in the year 1984 and at that time he had released electricity to one consumer, namely, M/s. Arif Cement Industries, Jagdishpur, beyond the approved estimate as a consequence of which wrongful loss was caused to UPSEB. After the authorities of the UPSEB came to know about the same, the matter was forwarded to the inquiry committee on 27.9.1994 for initiation of a disciplinary proceeding on the basis of which on 23.2.1998, the inquiry committee framed charges against him and called for an explanation. The delinquent employee filed his reply on 16.4.1998 and thereafter the inquiry committee commenced the enquiry. On 30.6.1998, late Virendra Lal stood superannuated. On 28.1.1999 the inquiry report was served on him and he was granted opportunity to submit a representation pertaining to the inquiry report. On 21.3.1999 he filed his representation and considering the submissions put forth in the representation on 12.10.1999 the UPSEB passed the order of punishment as has been stated hereinbefore. The said order was communicated to late Virendra Lal by the Joint Secretary of the UPSEB.

4. Grieved by the aforesaid order, Virendra Lal preferred claim petition No. 683 of 2000 before the tribunal contending, inter alia, that there is no statutory provision in the UPSEB for recovery from the pension of a retired officer; that the power to deal with the report of the inquiry committee vests in the Chairman of the UPSEB in regulation 6(4) of U.P. State Electricity Board (Officers and Servants) (Conditions of Service) Regulations, 1975 (for short “the Regulations”) but as the punishment had been imposed by the UPSEB he had been deprived of the right of appeal; that other officers with similar allegations had been exonerated but he alone was proceeded which was discriminatory in nature; and that the manner in which the proceeding was conducted was violative of the principles of natural justice and had caused serious prejudice to him. The stand and stance put forth by him was opposed by the UPSEB.

5. The tribunal adverting to the application of certain Rules, violation of principles of natural justice, the delay in commencement of the departmental proceeding and the prejudice caused to the delinquent employee set aside the order dated 12.10.1999 and directed to release the deducted amount of pension to the applicant therein with simple interest @ 8 per cent per annum from the date the amount was due to the date of the actual payment and further directed for release of the pension forthwith.

6. Being dissatisfied with the aforesaid order the Corporation preferred a writ petition before the High Court and the Division Bench disposed of the same by passing the following order :

“During the course of argument, it has been admitted by the petitioners’ counsel that under Rules, Chairman is the disciplinary authority who is competent to pass the order. Justification has been given by the petitioners’ counsel that since the claimant respondent is a retired person, power was exercised by the Board. Even if an employee is retire