IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12275 of 2010 MAHENDRA PRASAD THAKUR, AGED ABOUT 60 YEARS EX-ACCOUNTS ASSISTANT S/O LATE JUDAGIR THAKUR R/O VILL.- HARNA, P.O. ENJORE, P.S.- ARWAL, DISTT.- JEHANABAD Versus 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 2. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, BAILEY ROAD, PATNA ----------- 03. 23.08.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board, who has filed counter affidavit, which is taken on record. 2. Petitioner is aggrieved by the order of the Chairman of the Board communicated to him under memo No.3086 dated 18.12.2009, Annexure-2, whereunder his appeal filed against the dismissal order bearing No.2679 dated 17.6.1999 has been rejected. 3. It is submitted on behalf of the petitioner that the original punishment/dismissal order bearing No.2679 dated 17.6.1999, Annexure-1 was passed by Sri Swapan Mukherjee, the Joint Secretary of the Board and the appellate order communicated to the petitioner under letter dated 18.12.2009, Annexure-2 has also been passed by Sri Swapan Mukherjee, the Chairman of the Board. It is submitted that Sri Swapan Mukherjee while serving as Joint Secretary of the Board dealt with the matter as disciplinary authority he could not have considered the appeal filed against the dismissal order as appellate authority and on this ground alone the appellate order is fit to be quashed. 4. Counsel for the Board with reference to the notings in the - 2 - file appended with the counter affidavit submitted that the original punishment order was actually passed by the Secretary of the Board and not by Sri Swapan Mukherjee as Joint Secretary, as such, according the counsel for the Board the appellate order as passed by Sri Mukherjee may not be set aside on the ground that he dealt with the matter as the disciplinary authority. 5. I regret not to accept the submission of the counsel for the Board. Perusal of the order dated 17.6.1999, Annexure-1 clearly indicate that the same has been passed by the Joint Secretary of the Board, in the circumstances, there is no scope for any presumption that the said order was passed by the Secretary of the Board and not by Sri Swapan Mukherjee as Joint Secretary of the Board. Since Sri Swapan Mukherjee dealt with the matter earlier and passed the dismissal order dated 17.6.1999 as Joint Secretary, in my opinion, he ought not to have dealt with the appeal filed againt the order dated 17.6.1999, Annexure-1. Accordingly, the appellate order communicated to the petitioner under memo dated 18.12.2009, Annexure-2 is quashed and the matter is remitted back to the Chairman of the Board to pass fresh order in accordance with law. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)