JUDGMENT

1. The present writ petition has been filed for quashing the inquiry report dated 14.06.2017, submitted by the Respondent No. 5, the order of punishment dated 18.12.2017 passed by the Deputy General Manager (HR & Adm.), South Bihar Power Distribution company Ltd. (hereinafter referred to as the SBPDCL) whereby and whereunder the petitioner has been dismissed from service and for further quashing the order passed by the Respondent No. 2 i.e. the Chairman-cum-Managing Director, Bihar State Power (Holding) Company Ltd., Bihar, Patna, as communicated to the petitioner vide letter dated 13.07.2018, issued by the Deputy General Manager (HR & Adm.), SBPDCL, by which the appeal preferred by the petitioner has been dismissed.

2. The brief facts of the case are that the petitioner was appointed on compassionate ground on the post of unskilled Khalasi by the then General Manage-cum-Chief Engineer, Area Board, Bhagalpur and subsequently, he had appeared in the departmental examination and being successful, was appointed as Bill Clerk with effect from 01.01.1982. Subsequently, the petitioner was transferred to Patna and at the relevant time, was functioning as a Bill Clerk at PESU under the control of General Manager-cum-Chief Engineer, PESU. It appears that on the basis of an internal audit report, defalcation / misappropriation of several lakhs of rupees had come to light and the petitioner was also one of the accused persons, having complicity in the matter, hence, he was suspended by an order dated 25.6.2015, issued by the then Deputy General Manager (HR & Adm.). Thereafter, vide resolution dated 09.06.2016, issued by the General Manager (HR & Adm.), SBPDCL, it was resolved to initiate a departmental proceeding against the petitioner and the Chief Engineer, SBPDCL, Patna, was appointed as the Inquiry Officer and a copy of the aforesaid resolution dated 09.06.2016 was forwarded to the petitioner along with the charge-sheet and other details / documents. The petitioner had then submitted a show cause reply before the Inquiry Officer on 29.06.2016. After completion of the departmental inquiry, the Inquiry Officer had submitted his inquiry report on 14.6.2017 whereby and whereunder all the charges leveled against the petitioner were found to have been proved. The Deputy General Manager (HR/Adm.), SBPDCL, had then issued a second cause notice dated 21.9.2017, to which the petitioner had submitted his reply in detail, however, vide resolution no. 2055 dated 18.12.2017, issued under the signature of the Deputy General Manager (HR / Adm.), SBPDCL, the petitioner was inflicted with the punishment of dismissal from service. The petitioner had then filed an appeal, however, the same has stood dismissed by an order dated 02.06.2018 passed by the Chairman-cum-Managing Director, Bihar State Power (Holding) Company Ltd., Patna, as communicated to the petitioner vide letter dated 13.07.2018.

3. The learned Senior Counsel for the petitioner, Sri Umesh Prasad Singh, has raised a short issue for consideration to the effect that the proceedings in question are contrary to Rules 16 and 17 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (herein after referred to as the "Rules, 2005") inasmuch as though the appointing authority of the petitioner is the General Manager-cum-Chief Engineer, however, firstly, the order of suspension dated 25.6.2015 has been passed, not by the disciplinary authority / appointing authority, but by the Deputy General Manager (HR & Adm.), SBPDCL. Similarly, the charge-sheet has been issued vide resolution dated 09.06.2016, not by the disciplinary authority but by the General Manager (HR & Adm.), SBPDCL and likewise the second show cause notice dated 21.9.2017 has also been issued by the Deputy General Manager (HR / Adm.). It is submitted that even the order of punishment dated 18.12.2017 has been passed by the Deputy General Manager(HR / Adm.), SBPDCL, who is neither the appointing authority n