Madhya Pradesh High Court
Mahendra Nim vs Madhya Pradesh Pakshim Kshetra Vidyut ... on 18 March, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:7229
1 WP-12728-2020
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 18th OF MARCH, 2025
WRIT PETITION No. 12728 of 2020
MAHENDRA NIM
Versus
MADHYA PRADESH PAKSHIM KSHETRA VIDYUT VITRAN CO.
LTD. AND OTHERS
Appearance:
Shri Manoj Manav, learned counsel for the petitioner.
Shri Vaibhav Jain, learned counsel for the respondents.
ORDER
The petitioner has filed the present petition under Article 226 of the Constitution of India being aggrieved by the order dated 26.08.2018, whereby he has been punished with the penalty of stoppage of one increment with cumulative effect and order dated 27.06.2020, whereby, Chief General Manager has dismissed the appeal.
02. Facts of the case in short are as under:-
2.1. The petitioner was appointed as Junior Engineer in the year 1990.
He was promoted to the post of Assistant Engineer in the year 1999 under 'Time Bound Promotion Scheme'. Later on, vide order dated 21.01.2000, he was absorbed on a regular post of Assistant Engineer. He was posted as Assistant Engineer in the office of O & M, Dhar.
2.2. A news was published in the daily newspaper that the petitioner demanded Rs.1,00,000/- for installation of electricity connection in flour Signature Not Verified Signed by: RAVI PRAKASH Signing time: 20-03-2025 18:39:04 NEUTRAL CITATION NO. 2025:MPHC-IND:7229 2 WP-12728-2020 mill, however, he received Rs.23,000/- from the customer and issued the receipt of Rs.9,600/-. On the basis of said news, the complainant was called in the office of respondents and his statement was recorded along with an affidavit on 18.01.2023.
2.3. The petitioner was served with a charge-sheet levelling two charges firstly that he demanded Rs.1,00,000/- for installation of electricity connection and received Rs.23,000/- and issued the receipt of Rs.9,600/-; secondly in illegal colony of Dhar City, he enhanced capacity of the transformer and issued the electricity connection. A supplementary charge- sheet was also issued to the petitioner by the Chief Engineer that on 08.02.2013 on the charge that he left the office and went on leave on the pretext of illness. The petitioner denied all the three charges by filing a detailed reply dated 28.06.2013.
2.4. Being dissatisfied with the reply, the Enquiry Officer initiated an enquiry. Thrice the witness list was amended which the petitioner objected during the enquiry. In the enquiry despite repeated notices, the complainant Shri Girdhari Chavada did not appear for recording of his statement. The Enquiry Officer submitted his enquiry report, in which charge No.1 was found proved and charge No.2 and additional charge No.1 were not found proved. The petitioner was communicated with the enquiry report. The petitioner submitted a detailed objection to the enqiury which report runs into 18 pages, but the disciplinary authority by a brief and non-speaking order dated 26.08.2018 has simply observed that reply / objection is not satisfactory and decided to impose the punishment of one increment with Signature Not Verified Signed by: RAVI PRAKASH Signing time: 20-03-2025 18:39:04 NEUTRAL CITATION NO. 2025:MPHC-IND:7229 3 WP-12728-2020 cumulative effect.
2.5. Being aggrieved by the aforesaid order, the petitioner preferred an appeal before the General Manager, which was dismissed without assigning any reasons. Hence, the present writ petition is before this Court. This writ petition is pending since last five years and today a brief reply is filed by the respondents.
03. I have heard learned counsel for the parties and perused the record.
04. The charge No.1, which has been found proved by the Enquiry Officer is that the petitioner demanded Rs.1,00,000/- and thereafter, received Rs.23,000/- and issued the receipt of Rs.9,600/- to provide an electricity connection. The complainant submitted a written complaint to the Chairman- cum-Managing Director along with an affidavit dated 16.12.2012. His statement was recorded in the office of respondents on 18.01.2013 in presence of two witnesses namely Jaspreet Singh Dang and Narendra Chavada. However, complainant - Girdharilal did not appear in the enquiry. The Enquiry Officer recorded the statement of Jaspreet Singh Dang in whose presence the statement of complainant's witness was recorded. His name was not in the witness list, he came up with a recording of conversation in CD between the complainant and present petitioner. Even the Enquiry Officer has discarded the said CD and also observed that even the transcript has not been signed. Without assigning any reasoning, the Enquiry Officer has simply held that the charge No.1 is found proved against the petitioner, but in absence of complainant, how the charge could be found proved. No evidence Signature Not Verified Signed by: RAVI PRAKASH Signing time: 20-03-2025 18:39:04 NEUTRAL CITATION NO. 2025:MPHC-IND:7229 4 WP-12728-2020 was produced by the Presenting Officer that the petitioner demanded Rs.1,00,000/- and thereafter, the complainant gave Rs.23,000/- and the petitioner issued the receipt of Rs.9,600/-. After issuance of receipt of Rs.9,600/-, the electricity connection was installed in the flour mill of complainant and after such installation, he came up with such false complaint against the petitioner.
05. As stated above, the disciplinary authority did not assign any reason before imposing the penalty against the petitioner. Likewise, the appellate authority has also not considered the 17 pages' appeal and by simply stating that no such material has been produced in the appeal to reduce the punishment. There is total non-application of mind. This is a case of no evidence and despite that the Enquiry Officer recorded the finding that charge No.1 is proved. Therefore, punishment order dated 26.08.2018 and the appellate order dated 27.06.2020 are hereby quashed.
06. With the aforesaid, Writ Petition stands allowed.
(VIVEK RUSIA) JUDGE Ravi Signature Not Verified Signed by: RAVI PRAKASH Signing time: 20-03-2025 18:39:04