Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal State Electricity Board Employees’ Service Regulations Disciplinary proceedings Regns. 61 and 62 Interference by Court Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – West Bengal State Electricity Board Employees’ Service Regulations – Regns. 61 and 62– Appellant was Superintending Engineer in the respondent-Company – On 09.01.2008, tender was issued by the Company for procurement of 10 lakh meters – Various bids received by the Company on 08.02.2008 –On 26.03.2008, the appellant received personal invitation from an organization to attend a presentation organised in New Delhi – Bids were opened and the successful bidder was declared – Appellant got his to and fro air tickets booked from the travel agents of the successful bidder – Disciplinary proceedings initiated against the appellant – Appellant was dismissed from service – Challenged – Dismissed – Writ Petition filed by the appellant – Allowed – Appeal before the Division Bench – Allowed – Held: Charges against the appellant were twofold (i) attending the seminar without any permission from higher authorities (ii) availing the hospitality of the successful bidder, as appellant’s air fare was borne by them, while he was officially dealing with them in the pending tender process – Appellant attended the presentation on 17.04.2008 with prior information to his superior officer – Casual leave application of the appellant having been sanctioned by his superior officer by order dated 24.04.2008, ex post facto, the sting of first charge goes away – Further, there is no material on record showing that the successful bidder made any payment for the appellant’s air tickets – It was the appellant who made the payment of Rs.12,350/- against the bill raised by the travel agent – Money receipt was filed in the proceedings, which was not disbelieved – Also, the tender in question was ultimately cancelled, hence it is not a case of any benefit obtained from the successful bidder out of the tender –Further, imposition of punishment of withholding of pension in proceedings under Service Regulations are illegal and without jurisdiction, as for withholding of pension, there has to be separate proceeding under the 1985 Regulations – Punishment imposed in the present case is disproportionate to the charge, shocking the conscience of the Court – Dismissal order set aside – Appellant’s resignation letter dated 13.05.2008 be treated as voluntary retirement – Appellant entitled to all benefits accruing to him on retirement as on that date – Further directions issued – West Bengal State Electricity Board Employees’(Death-Cum-Retirement Benefit) Regulations, 1985 – Regns. 11-A and 6(i). |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 822 |
Petitioner | Rathin Ghosh |
Respondent | West Bengal State Electricity Distribution Company Ltd. & Ors. |
SCR | [2019] 9 S.C.R. 1175 |
Judgement Date | 2019-07-29 |
Case Number | 5633 |
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