The disciplinary authority must adhere to the principles of natural justice and give the charged officer a chance to be heard before passing a penalty based on findings contrary to the inquiry officer's findings.

Heard Mr. P.K. Roy, learned counsel appearing for the petitioner. Also heard Mr. P. Bhowmick, learned Standing Counsel, ASEB appearing for the respondents.

2. This is a writ petition challenging the order dated 20-04-2011 issued by the Chairman and Managing Director, APDCL by which it was held that the two charges i.e. Charge No. 2 and Charge No.3 for which inquiry was conducted have been partially proved against the petitioner and a punishment of stoppage of 3 annual increments with cumulative effect was awarded and his suspension period was treated as absence from duty.

3. The brief facts leading to the filing of this writ petition are as follows; The petitioner who was serving as Senior Manager in Meter Testing and Inspection (MTI) Division of Cachar Electrical Circle, APDCL was suspended on 01-04-2010 in contemplation of a departmental inquiry being undertaken. On 17-05-2010, charge sheet along with the statement of imputations were furnished to the petitioner. In the charge sheet and in the allegation of charges, three charges were framed against the petitioner; Charge No.1; Fraud or dishonesty in connection with the business of the Board, Charge No.2; Neglect of duty and Charge No.3; Breach of ASEB (Officers) Conduct Regulations, 1982. The statements of allegations of charges against the petitioner are reproduced herein below:

“Statement of allegation against Sri. Zakir Ahmed Choudhury, Senior Manager (U/S) MTI Driver, Silchar.

Sri. Zakir Ahmed Choudhury was holding the post of Senior Manager, MTI Division, Silchar with effect from 13.12.2005 till his date of suspension i.e. 31.03.2010.

Regulation 10(1) of ASEB (General Service) Regulations (for official) 1960 laid down that every official of the Board/Company shall discharge the duties assigned to him with integrity and loyalty and promptitude and carry out all lawful orders of his superiors in respect of the duties assigned to him.

The report submitted by the Deputy General Manager, Cachar Electrical Circle on metering system installed against M/s Ladi Steel and M/S Cachar Ispat under Udharbond Electrical Sub-Division prima-facie reveals that the above two industries have been able to pilfer huge quantum of electricity by way of methodical tempering of electrical meters installed in the Sub-station as well as in the consumer premises with active connivance of few erring Company’s officials. Sri. Zakir Ahmed Choudhury, who is holding the post of Senior Manager, MTI Division, Silchar is found involved in acts of commission as detailed below and thus earned notoriety for all pervasive revenue losses to the Company’s exchequer.

Charge No.1. Fraud or dishonesty in connection with the business of the Board.

While analyzing the feeder-wise energy audit of Udharbond electrical Sub-Division to ascertain the reason for high 33 KV Sub-Transmission loss of the Sub Division, it has come to light that average hourly drawal of power by two steel Industries namely M/s Cachar Ispat and M/s Ladi Steel are in the range of 0.3 MW and 0.1 MW respectively which is quite low considering their total connected load. As such, on 09.03.2010, an inspection team comprising of MTI officials visited both the industries to inspect their metering system. After inspection, the senior Manager, MTI Division submitted a load survey report on 10.03.2010 against both the industries. However, no detail analysis of the load survey data was given in the report in spite of the fact that MTI Division, Silchar is entrusted with the responsibility of collecting and analyzing date relating to metering system installed in the consumer’s premises under the circle. In view of lack of comprehensive MTI report, necessary analysis of metering data downloaded from sending end and receiving end meters of Cachar Ispat as well as lone meter of Ladi Steel installed at Udharbond Electrical Sub-Station have been made in the circle office itself in which it is found that the meter installed at M/s Ladi Steel recorded. Some tem