ORDER

Heard Mr. Shivendra Kishore, learned senior counsel appearing for the petitioner and Mr. Vinay Kirti Singh, learned senior counsel appearing for the Bihar State Power (Holding) Company Limited.

The present writ application has been filed seeking following relief;

I. For quashing of order dated 02.09.2015 passed by Chairman -cum- Managingn Director, Bihar State Power (Holding) Company Limited, by which thememo of appeal of the petitioner has been rejected and the order of punishment of stoppage of three annual increments with cumulative effect and denial of salary for the period of suspension except subsistence allowance has been ordered to be maintained. The appellate order has been communicated to the petitioner by the Deputy General Manager (DGM) North Bihar Power Distribution Company Limited, Patna, contained in letter No. 790 dated 04.09.2015.

ii. For quashing of order of punishment contained in resolution No. 1029 dated 08.12.2014, whereby and whereunder, in a departmental proceeding charges alleged to have been proved, petitioner has been inflicted with punishment of stoppage of three increments with cumulative effect and has been denied the salary for the period of suspension except subsistence allowance.

iii. For a direction on the respondents to pay full salary for the period of suspension with all consequential benefits including consideration of case of the petitioner for promotion to the higher post of Assistant Electrical Engineer w.e.f. date junior to the petitioners were given such promotion.

2. Learned senior counsel appearing for the petitioner submits that while the petitioner was posted as Junior Engineer, Electric supply Section, Mahua, was deputed in the M.R.T. Division, Muzaffarpur was assigned for the work of installation of Meters in the premises of the consumers relating to whole Vaishali district. Vide letter No. 1097 dated 04.07.2012, M/s. Sakti Computer, Muzaffarpur and vide letter No. 2057 dated 27.07.2012, M/s. Balaji Consultancy, Patna were allotted work for installation/replacement of single phase and three phase Meters in the premises of unmetered consumers.

3. Learned senior counsel for the petitioner submits that the petitioner had no concern with respect to the aforesaid installation/replacement of the meters as per the Letter of Award (LOA), the agencies were required to inform in advance to the J.EE./A.EE. Regarding the places where meters were to be installed but in spite of repeated requests, the agencies did not comply the terms of LOA and have continued to install Meters as per their choice without informing the place to be installed to the authority concerned. Thereafter, the petitioner instructed the agencies to inform the places where they are to install Meters but they failed to supply such information.

4. The Chief Engineer (Commercial) of the Holding Company after receiving complaint from the consumers has directed the Electrical Executive Engineer, M.R.T., Division, Electric Supply, Muzaffarpur to submit a report by 31.12.2012 on the irregularities being committed by the agencies during the Meter installation thereafter the General Manager -cum- Chief Engineer constituted a committee consisting of himself, Deputy General Manager, Technical Secretary and J.E.E. (petitioner) and conducted an inspection on 27.01.2013 with regard to installation of Meters by the agencies. The inspecting team conducted inquiry at five consumers and found that the Meters installation contractor has simply hanged the Meters without connecting the same to the service wire of the consumers. The Chief Engineer (Commercial) vide letter No. 293 dated 27.01.2013 while directing the General Manager -cum- Chief Engineer, Tirhut Electric Supply Area, Muzaffarpur to lodge F.I.R. against the Meters installation agencies and further he has directed to place the concerned Junior Electrical Engineer, Meter Installation and to initiate departmental proceeding for dereliction of duties, misconduct and causing financial