Rathin Ghosh vs West Bengal State Electricity ...

2. The appellant was appointed as Graduate Engineer (Training) in the year 1985 in the West Bengal State 2 Electricity Board, which subsequently was restructured and reorganized to form the West Bengal State Electricity Distribution Company Ltd. (hereinafter referred to as ‘Company’). The appellant on account of his work and conduct was promoted to different posts and in the year 2007, he was holding the post of Superintending Engineer. In February, 2007 he was asked to prepare a draft specification of single-phase static meters. The draft specification submitted by the appellant was approved by the competent authority, which technical specifications were to be provided to all bidders and was an open document. Tender No.P-2/2007-08/(P-II) was published for purchase of 20 lakh meters which tender was cancelled for technical reasons. Fresh specifications drafted by Advisor (Security and Vigilance) and settled by Additional Chief Engineer (District Testing) was approved by all Technical Directors of the Board of Directors and the Chairman-cum-Managing Director. The Tender No.P-28/2007-08 was issued by the Company for procurement of 10 lakh meters on 09.01.2008. Nineteen bids along with their respective 3 sample meters were received by the Company on 08.02.2008. The samples of the meters were sent to the Additional Chief Engineer (Testing) for evaluation. On 13.03.2008 the said meters were tested by a team of officers and technicians which included the appellant. On 26.03.2008, the appellant received the personal invitation from an organization IEEMA to attend a presentation organised in New Delhi. On testing of sample meters by the team of officers, only four bidders were found technically qualified which also included one bidder-M/s. Secure Meters. The Chairman of the Company on 31.03.2008 approved the opening of the price bids of the three technically suitable bidders, bids were opened and M/s. Secure Meters was declared the successful bidder to the highest rate. Other two bidders were also successful bidders having offered rates lower than M/s. Secure Meters. On 16.04.2008, the appellant informed his immediate superior Officer, Additional Chief Engineer (Distt. Testing) about his going to New Delhi to attend IEEMA’s Conference. The appellant got his Air Tickets booked from Globe Travel Agents, 4 who were the travel agents of M/s. Secure Meters for to and fro visit to Delhi. On 17.04.2008, the appellant attended the IEEMA Conference at New Delhi and returned on 17.04.2008 to Calcutta itself. On 18.04.2008, the Globe Travel Agency raised an invoice of Rs. 12,350/- for the return air ticket of the appellant upon M/s. Secure Meters as the booking was done through them. On 24.04.2008, on an enquiry by the Corporate Vigilance Department of the Company to Globe Travel Agency about the appellant’s ticket, which informed that the payment towards the aforesaid invoice was still due. On 28.04.2008, the appellant paid the entire amount of Rs.12,350/- to M/s. Secure Meters for payment of the aforesaid invoice raised by Globe Travel Agency. On 29.04.2008, the respondent- Company suspended the appellant and initiated disciplinary proceedings. The appellant was suspended alleging gross misconduct tarnishing the image of the Company.

4. The charge-sheet also enlisted the list of witnesses who were proposed to be examined in support of the charge-sheet. On 10.06.2008, the appellant received communication that his resignation had not been accepted due to the non-completion of the disciplinary proceedings. On 20.06.2008, the 6 appellant submitted a detailed reply to show-cause. The reply did not find favour with the Company and disciplinary enquiry was initiated. Witnesses were cross-examined by the appellant. Inquiry Officer submitted his findings on 26.12.2008. The findings were forwarded to the appellant by letter dated 30.12.2008 by the respondent. The Inquiry Report found charges proved against the appellant. The appellant submitted his representation on 24.01.2009 to the findings in the enquiry. The Company issued a second show-cause notice dated 28.03.2009. Second show-cause notice was issued to the appellant which also mentioned the proposed punishment of dismissal from service, permanent withholding of pension for life time, forfeiture of entire gratuity and non- payment beyond the subsistence allowances during the suspension period. Reply to the second show-cause notice was also submitted by the appellant. The disciplinary authority passed an order on 02.06.2009 by which following punishments were awarded:

21. Another aspect, which needs to be noticed is that disciplinary authority while imposing the punishment of dismissal from service has also awarded

22. The West Bengal State Electricity Board Employees’ Service Regulations are on record. Regulation 61 deals with act of misconduct. Regulation 62 which deals with punishment is as follows:

employment—

(i) Shall not be instituted save with the sanction of the Board;

(ii) Shall not be in respect of any event which took place more than four years before such institution and

(iii) Shall be conducted by such authority and in such place as the Board may direct and in accordance with the procedure applicable to the departmental proceedings in which an order of dismissal from service could be made in relation to the officer during his service;

[Ref: Office Order No.4232 dtd.23.11.1987] Provided further that the pension of an employee may be released in rarest of the rare cases by the Chairman of the Board even during pendency of the criminal 27 proceedings against the employee where the Chairman of the Board is entirely satisfied that the following conditions are fulfilled:-

26. In view of the foregoing discussions, we are unable to sustain the judgment of the Division Bench. 29 We upheld the judgment of the learned Single Judge to the extent it has set aside the dismissal order.

27. Now, we come to the question of relief which the appellant may be entitled in the facts of the present case. As noticed above, the appellant has already submitted his resignation on 13.05.2008, which was not accepted by the respondent. As recorded in the order dated 09.10.2018, this Court has proposed that the resignation letter be treated as a voluntary retirement and the appellant be entitled to all benefits accruing to him on retirement as on that date. We are of the view that the ends of justice be served in allowing this appeal setting aside the dismissal order by directing that resignation letter of the appellant dated 13.05.2008 be treated as voluntary retirement with further direction to treat the appellant as voluntarily retired on that date and to compute all benefits accruing to the appellant including gratuity and pension as admissible on that date. The respondents are directed to compute the entire benefits of the appellant and make the payment 30 within a period of two months from today. In event, the payment is not made within two months of this order, such payment shall carry interest at the rate of 6% per annum. The appeal is allowed to the above extent.