SANJIV KHANNA, J.

( 1 ) BY way of present appeal, the appellant-Mr. S. L. Varun has challenged judgment dated 5th April, 2004 dismissing his writ petition and upholding order of the disciplinary authority and the appellate authority.

( 2 ) THE appellant was an employee of the Delhi Vidyut Board. He was served with a charge sheet dated 5th April, 2000 on the ground that he was found. indulging in theft of electricity, which conduct was highly unbecoming as he was an employee of Delhi Vidyut Board and warranted imposition of stiff major penalty.

( 3 ) AS per the enquiry report, the charge was held to be proved. By order dated 20th May, 2002 passed by the disciplinary authority, penalty of removal from service was imposed on the appellant. An appeal was filed and vide order dated 29th June, 2002, the Chairman Delhi Vidyut Board partly allowed the appeal converting the penalty of removal from service to one of compulsory retirement. The appellant, therefore, became entitled to terminal benefits.

( 4 ) THESE orders imposing penalty and the enquiry report were challenged in the writ petition, which was dismissed by the impugned judgment.

( 5 ) DURING the course of arguments, learned