ORDER :

Heard Sri S. Surender Reddy, learned counsel for the petitioner and Sri Zakir Ali Danish, learned Standing Counsel for the TSSPDCL.

2. The petitioner filed this writ petition to issue an appropriate order or direction more particularly a Writ of Mandamus declaring the punishment orders passed by the 1st respondent by proceedings Memo No.CGM(HRD)/GM(S)/AS-III/PO-VII/F. No.3942-D/05-7, dated 11.09.2007 in awarding the punishment of postponement of two increments with cumulative effect and the confirmation orders passed by the 2nd respondent by proceedings Memo No. CMD/CGM(HRD)/GM (S)/AS-DC/PO/F.No.3942-D/05-9, dated 08.03.2008 as illegal, arbitrary and abuse of process of law and is a clear case of violation of principles of natural justice and contrary to the Electricity Board regulations and set aside the said orders in the interest of justice.

3. The case of the petitioner, in brief, is as follows :

(a) The petitioner completed Diploma Course (ITI) in Electrical in the year 1988 and is a local candidate of Adilabad District. Basing on the educational qualifications, through employment exchange, conducting written examination, oral interview and on the merit obtained in the selection process, the petitioner was appointed as Helper-cum-Cleaner (HCC) on 21.03.192 and was posted at Thiryani Section, Asifabad Sub-Division, Kagaznagar Division, Adilabad District.

(b) Thereafter, basing on the performance and eligibility, the petitioner was promoted as Assistant linemen in the year 1993 and later he was promoted as Linemen in the year 1996 and that as a Line Inspector in the year 1998. Subsequently, the petitioner was promoted as Senior Linemen in the year 2010 and presently working at Adilabad.

(c) Since from the initial appointment, the petitioner worked sincerely to the utmost satisfaction of his superior officers without remarks from any corner.

(d) While the petitioner was working as Line Inspector at Operation Section, Rebenna, Tandoor Mandal in the year 2006, basing on the false complaint given by a third person, the Vigilance section of the department conducted enquiry. Though the allegations were not proved, the department proceeded further and appointed the Divisional Engineer, DPE, Nizamabad as enquiry office and he issued show cause notice on 06.05.2006 making three charges i.e.

(1) demanded and received the bribe amount from one Boini Bheemaiah of Gopal nagar village for extension of electricity line from the fields of one Telephone Choudary over telephone poles and gave the agricultural connection.

(2) owning a jeep in the name of his wife which was engaged in Bellampally sub-division on contract basis and sold the said jeep without taking permission from the department and

(3) forged copies of leave papers and manipulated sanction memo of the Divisional Engineer/OP/Sirpur Kagaz Nagar.

(e) After receiving the charge memo, the petitioner submitted explanation on 22.07.2006 denying the charges framed against him. The enquiry officer recorded statements of witnesses. The enquiry officer without considering the statements of the witnesses in its true spirit filed the report in routine manner that the charges were proved. After submitting the enquiry report, the 1st respondent issued a show cause notice dated 02.03.2007 to submit explanation why punishment should not be imposed on him. The petitioner submitted explanation requesting the 1st respondent to drop the further action. Without considering the petitioner’s explanations, the 1st respondent passed final orders on 11.09.2007 and imposed the punishment of ‘postponement of two increments with cumulative effect.

(f) Aggrieved by the same, the petitioner preferred appeal before the 2nd respondent and that the 2nd respondent without considering the contents of the appeal, rejected the appeal by order dated 08.03.2008 and confirmed the punishment order passed by the 1st respondent.

(g) Thereafter, the petitioner preferred revision petition before the Member of DISCOM Board, Wara