IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15717 of 2012 ======================================================

Vijay Pd. S/O Late Shital Prasad R/O Village, P.O. And P.S.- Madhwapur, District- Madhubani, Present Address C/O Shakti Medico, Main Road, Birpur, P.S.- Birpur, District- Supaul ... ... Petitioner/s Versus

1. The Bihar State Electricity Board

2. Secretary Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna

3. Joint Secretary Bihar State Electricity Board, Vidyut B Bailey Road, Patna

4. The Chief Engineer RE and HRD, BSEB Headquarter, Patna

5. General Manager Cum Chief Engineer Transmission Zone-Ii, Muzaffarpur

6. Electrical Superintending Engineer, Transmission Circle, Purnea

7. Electrical Executive Engineer, Koshi Hydel Power Station, Birpur, Supaul

8. The Chairman cum Managing, Bihar State Power Holding Company Limited, Vidyut Bhawan, Patna.

9. The Managing Director, Bihar State Power Generation Company Limited, Vidyut Bhawan Patna.

10. The Deputy General Manager (HR and Admin), Bihar State Power Generation Company Limited, Vidyut Bhawan Patna.

11. The Under Secretary, Bihar State Power Generation Company Limited, Vidyut Bhawan Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. D.K.Sinha, Sr. Advocate Mr. Bajarangi Lal, Advocate For the Respondent/s : Mr. Anand Kumar Ojha, Sr. Advocate Mr. Abhishek Rai, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

CAV JUDGMENT

Date : 20-02-2026

1. Heard Mr. D.K. Sinha, learned Senior counsel assisted by Mr. Bajrangi Lal learned counsel for the petitioner and Mr. Anand Kumar Ojha learned Senior counsel assisted by Mr. Abhishek Rai learned counsel for the respondent Bihar State Power Holding Company Limited.

2. The petitioner has filed the instant application for the following relief:

“i. For quashing of resolution contained in Memo No.376 dated 19.12.2011 (Annexuer-13) issued under signature of respondent no.3 Joint Secretary, where under and whereby two punishments have been awarded to the petitioner viz. censure to be effective for one year from date of issuance of order and stoppage of two increments with cumulative effect ignoring the fact charges levelled against petitioner has not been found proved during enquiry. ii. For quashing of communication of respondent no.3 contained in letter no.127 dated 21.05.2012 (Annexure-15) whereby intimation is made to the petitioner that after due consideration memo of appeal presented by the petitioner has been dismissed, but the reasons for rejecting the appeal has not been assigned and same has been rejected without providing opportunity of hearing to the petitioner.

iii. And/or for any other relief/relief to which petitioner is entitled in the facts and circumstances of the present case.

iv. For setting aside the order contained in resolution no.1840 dated 18.11.2014 issued under signature of the Under Secretary, Bihar State Power Generation Company Limited Patna which has been passed during pendency of the instant writ petition where under and whereby order contained in Board's resolution no.375 dated 17.12.2011 has been modified to the extent that the punishment awarded to the petitioner has been confined to only one punishment i.e. stoppage of two increment with cumulative effect."

3. The case of the petitioner in brief is that with respect to the work done in connection with Koshi Hydro Electric Power Station, Birpur between 23.7.1992 and 17.11.1995, an inquiry was conducted by the Audit team from 7.2.2001 to 1.5.2001. The Audit team submitted a report showing irregularities to have been committed. The petitioner who was also posted as Junior Electrical Engineer in the Birpur Koshi Hydel Project, was issued with a show cause notice seeking explanation. The petitioner submitted his reply on 5.1.2003. The petitioner was once again served with a notice on 23.3.2010 asking him to submi