JUDGMENT :

J.J. MUNIR, J.

1. The petitioner, an Office Assistant-II in the employ of the Paschimanchal Vidyut Vitran Nigam Limited, is aggrieved by his dismissal from service, after disciplinary proceedings taken against him and affirmation of that order in departmental appeal and revision.

2. The petitioner was an Office Assistant-II in the Office of the Superintending Engineer, Electricity Distribution Division, Amroha, Paschimanchal Vidyut Vitran Nigam Limited, 33/11, K.V. sub-station, Collectorate, Joya Road, Amroha, District Amroha. He was suspended from service pending inquiry vide order dated 15.06.2018 passed by the Superintending Engineer aforesaid. The Managing Director, Paschimanchal Vidyut Vitran Nigam Limited [‘the Distribution Corporation’ for short] vide order dated 14.08.2018, appointed one V.K. Pandey as the Inquiry Officer to hold a departmental inquiry. The said order was served upon the petitioner. The Inquiry Officer issued a charge-sheet dated 24.08.2018 to the petitioner, carrying seven charges.

3. The petitioner submitted his reply to the charge-sheet dated 29.11.2018, traversing the charges. It is the petitioner's case that he was summoned by the Inquiry Officer for a personal hearing on 12.12.2018, but no witnesses were produced or examined on behalf of the Establishment to prove the charges, in compliance with Rule 7 of the U.P. Government Servants (Discipline and Appeal) Rules, 1999, nor any oral inquiry held. An inquiry report dated 28.06.2019 was submitted by the Inquiry Officer to the Managing Director of the Distribution Corporation. A copy of the inquiry report was served upon the petitioner along with a letter dated 18.02.2020. It was served on 29.02.2020. The petitioner showed cause by his reply dated 04.06.2020, disputing the findings of the inquiry report. The Superintending Engineer, Electricity Distribution Division, Amroha, by his order dated 14.08.2020, passed an order, adjudging a miscellaneous advance against the petitioner to the tune of Rs. 36,67,357.32 on account of causing loss to the Distribution Corporation. This sum of money adjudged was directed to be recovered from the petitioner, about which he says he was not given opportunity.

4. Subsequently, the Disciplinary Authority, as the petitioner says, without considering the petitioner's reply in the rightful perspective and without requiring the charges to be proved, according to the procedure prescribed by law, held the petitioner guilty and dismissed him from service vide order dated 26.08.2020. The Disciplinary Authority was the Superintending Engineer, Paschimanchal Vidyut Vitran Nigam Limited, Electricity Distribution Division, Amroha, respondent No. 4 to the writ petition. He shall hereinafter be referred to as ‘the Disciplinary Authority’.

5. Aggrieved by the order of dismissal, the petitioner preferred an appeal to the Chief Engineer of the Distribution Corporation, respondent No. 3. He shall hereinafter be referred to as ‘the Appellate Authority’. The appeal was preferred vide memorandum of appeal as aforesaid, dated 22.12.2020, and amended vide memorandum dated 06.04.2021. The Appellate Authority dismissed the appeal by his order dated 29.04.2021 made in exercise of powers under Section 11 of the Uttar Pradesh Power Corporation Limited Employees (Discipline and Appeal) Regulations, 2020 [‘the Regulations of 2020’ for short].

6. The unsuccessful petitioner preferred a revision to the Chairman, Uttar Pradesh Power Corporation Limited against the order of the Disciplinary Authority and the Appellate Authority dated 6.04.2021 and 29.04.2021, respectively, under Regulation 13 of the Regulations of 2020. The aforesaid revision was preferred vide memorandum of revision dated 04.06.2021. This revision was not decided by the Chairman of the Corporation, despite lapse of more than a year and a quarter.

7. The petitioner, aggrieved by the inaction, instituted Writ (A) No. 16731 of 2022, Sumant Kumar vs. U.P. Power Corporation Limited and