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2021 Supreme(Pat) 730

MOHIT KUMAR SHAH
Anil Kumar Singh – Appellant
Versus
South Bihar Power Distribution Co. Ltd. – Respondent


Advocates Appeared:
Mr. Umesh Prasad Singh, Sr. Adv., Mr. Abhimanyu Vatsa, Advocate, for the Appellant; Mr. Vinay Kirti Singh, Sr. Adv., Mr. Ritesh Kumar, Adv., Mr. Vijay Kumar Verma, Adv., for the Respondent.

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

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