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IN THE HIGH COURT OF ALLAHABAD
J.J. Munir, J.
Vishal Sharma – Petitioner
Versus
State Of U.P. And Others – Respondents
WRIT -A No. -15595 of 2023
Decided On : 22-12-2023
Disciplinary Proceedings - Uttar Pradesh Power Corporation Employees - 2020 Regulations - The court found that the inquiry against the petitioner was procedurally flawed, as the establishment failed to produce any witness to prove the charges mentioned in the charge-sheet. The Inquiry Committee did not provide an opportunity for personal hearing or cross-examining witnesses, and the charges were held proved without proper evidence. The court quashed the dismissal order and directed the petitioner's reinstatement, with the option for the respondents to proceed with a fresh inquiry, bearing in mind the procedural fairness required.
Fact of the Case:
The petitioner, a Junior Engineer, was charge-sheeted for various lapses related to temporary electricity connections. An inquiry committee found all charges proved and the petitioner was dismissed from service, with a recovery order of a sum of Rs.23,17,508.
Finding of the Court:
The court found that the inquiry was procedurally flawed, as the establishment failed to produce any witness to prove the charges. The Inquiry Committee did not provide an opportunity for personal hearing or cross-examining witnesses, and the charges were held proved without proper evidence.
Issues: Procedural fairness in the conduct of the inquiry, adherence to the Uttar Pradesh Power Corporation Employees (Discipline and Appeal) Regulations, 2020, and the requirement for the establishment to prove charges through evidence, both oral and documentary.
Ratio Decidendi: The court emphasized the need for formal proceedings, where the establishment has the burden to discharge by proving the charges through evidence, both oral and documentary. The court held that the more serious the charge, the more formal, elaborate, and strict the procedure has to be to prove it.
Final Decision: The court quashed the dismissal order and directed the petitioner's reinstatement, with the option for the respondents to proceed with a fresh inquiry, bearing in mind the guidance provided in the judgment. The petitioner would be entitled to 25% of his emoluments with all other consequential benefits if no disciplinary proceedings are taken.
JUDGMENT :
1. The petitioner was a Junior Engineer in the service of the U.P. Power Corporation Limited. He was earlier posted under the Pashchimanchal Vidyut Vitran Nigam Ltd. at the Electricity Distribution Division-VIII, NOIDA and then transferred to the Purvanchal Vidyut Vitaran Nigam Limited, where he joined on 16.03.2021.
2. After a preliminary inquiry, the petitioner was charge-sheeted vide charge-sheet dated 24.09.2021. Eight charges were framed against him. The first charge relates to non-maintenance of a register for temporary connections from 01.07.2019 to 30.06.2021, leading to non-monitoring of temporary connections. It is also part of the charge that upon checking of the records, most temporary connections were found approved without installing meters, the readings not taken and bills not issued.
3. The second charge relates to the temporary connection installed at the premises of a certain Mohd. Sartaj, Khasra No.11, Neer Peer Shahberi, Greater NOIDA. This connection was sanctioned temporarily on 09.08.2019 for 2 kilowatts. The period sanctioned was three months. The premises were inspected in the month of August, 2021, where the connection was found disconnected. The office did not have any record of a permanent disconnection or that of the consumer being billed or dues of the Corporation realized. The charge says that it was the duty of the petitioner to get the meter reading of the temporary connection recorded regularly and bills issued to the consumer. It was also his duty to realize dues from the consumer.
4. The third charge is about the premises of another consumer Banshi Lal Rawat. He was sanctioned temporary connection for three months with a sanctioned load of 2 kilowatts. Upon the inspection of his premises, which was a five storey incomplete structure, it was found that the meter was installed on a 8.5 meters high pole, where it was difficult to take down the readings without the help of a ladder. The meter when inspected, was found non-functional. Prior to inspection, the consumer had given a guess-worked reading, which rendered him liable to pay Rs.9262/-only that he paid. The charge goes that the petitioner deliberately got the meter installed at such a high point in connivance with the consumer, so that bills could be raised on concocted readings.
5. The fourth charge relates to a certain consumer, M/s. Noble Valley. This consumer was sanctioned a 2 kilowatts connection on 03.05.2018. Upon inspection of his premises on 24.07.2021, the Executive Engineer found a total of 95 residential premises, where 20 premises were drawing electricity without a valid electricity connection, committing theft. A First Information Report was lodged by the Executive Engineer. The Chief Engineer sanctioned a multi-point connection for the said consumer, but prior to the sanction of the multi-point connection, M/s. Noble Valley was drawing electricity on a temporary connection, regarding which there is no record of billing or arrears. The petitioner has been charged with laxity in not reading the meter of the temporary connection; not taking action against electricity theft; not issuing bills and realizing these for the aforesaid connection or ensuring that it was converted to a permanent connection, causing loss to the Corporation.
6. Charge No.5 relates to 59 temporary connections, out of which only 10 temporary connections were extended, whereas for the balance 49, no menoranda extending the connection were issued, no bills raised, or the Corporation's dues realized. The petitioner was, therefore, charged with laxity and not ensuring disconnection after expiry of the temporary connection’s validity, leading to loss of revenue.
7. Charge No.6 is about the petitioner sanctioning for construction work a less than 10 kilowatts connection temporarily, regarding which there is no record of meter reading or demand available with the Corporation's office. The petitioner was charged with laxity in supervision of temporary connec
The main legal point established in the judgment is the requirement for procedural fairness in disciplinary proceedings, including the need for the establishment to prove charges through evidence, bo....
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The duty of the establishment to produce witnesses and evidence in departmental inquiries, especially in cases involving a major penalty, and the inadmissibility of hearsay evidence.
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