Dismissed

Chandan Kumar v. The North Bihar Power Distribution Company Ltd. and Ors.

Patna HC5 Sept 2014L.P.A/935/2014

Case brief

AI extract

What is this about?

A Letters Patent Appeal against an order dismissing a writ petition challenging the initiation of disciplinary proceedings. The Apex Court upheld the learned single Judge's decision, finding the allegations not complex and no material prejudice caused by allowing the disciplinary proceeding to continue. However, the Court clarified that the observations do not prejudge the merits of the charges.

What did the court decide?

The appeal was dismissed, and the order dated 04.04.2014 dismissing the writ petition was affirmed. The Court refrained from deciding on the merits of the charges against the appellant.

Chandan Kumar Vs The North Bihar Power Distribution… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.935 of 2014 In

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Civil Writ Jurisdiction Case No. 6605 of 2014

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====================================================== Chandan Kumar son of Sri Om Prakash Sharma, resident of Priyadarshi Nagar, Naya Tola, Kumhrar, P.S. Agamkuan, District- Patna presently posted as Assistant Electrical Engineer (under suspension) Commercial Department, North Bihar Power Distribution Company, Patna

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.... .... Appellant

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Versus

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1. The North Bihar Power Distribution Company Ltd., through its Managing Director, Vidyut Bhawan, Bailey Road, Patna

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1. The Deputy General Manager (HR), North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna

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1. The Chief Engineer (Commercial), North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna

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The Electrical Executive Engineer, Electric Supply Division, Saharsa

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.... .... Respondents

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====================================================== Appearance :

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For the Appellant/s : Mr. Ajay Kumar Thakur, Adv. Mr. Dudh Nath Singh, Adv. For the Respondent/s : Mr. Vinay Kirti Singh

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======================================================

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CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI

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and

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HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

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3 05-09-2014 By a writ petition, made under Article 226 of the Constitution of India, which gave rise to CWJC No. 6605 of 2014, the writ petitioner-appellant had put to challenge the Resolution, contained in Memo No. 281, dated 01.07.2013, issued under the signature of Deputy General Manager (HR), North Bihar Power Distribution Company Limited, Patna, initiating a disciplinary proceeding against the writ petitioner-appellant on charges contained in Memo No. 281, dated 01.07.2013 aforementioned.

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Patna High Court LPA No.935 of 2014 (3) dt.05-09-2014

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By the writ petition, so filed, an alternative prayer, made by the writ petitioner-appellant, was to issue a writ commanding the respondents to keep the disciplinary proceeding in abeyance till disposal of the criminal case, which was pending in the Vigilance Court, on the same set of facts on which the disciplinary proceeding had been ordered. Yet another relief, which the writ petitioner-appellant, had sought for, in the writ petition, was to issue a direction to the respondents to pay subsistence allowance to the writ petitioner-appellant, who had been placed under suspension.

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While passing the impugned order, dated 04.04.2014, disposing of the writ petition, the learned single Judge has issued direction for payment of subsistence allowance to the writ petitioner-appellant, but having found no reason to infer with the issuance of charge-sheet nor any reason having been found to issue direction to keep, in abeyance, the disciplinary proceeding till disposal of the criminal case, the learned single Judge has not interfered with the disciplinary proceeding.

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Aggrieved by the order, dated 04.04.2014, aforementioned, this appeal has been preferred.

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We have heard Sri Ajay Kumar Thakur, learned Counsel for the appellant, and Mr. Vinay Kriti Singh, learned Counsel for

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Patna High Court LPA No.935 of 2014 (3) dt.05-09-2014

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the respondents.

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On considering the present appeal, we do not find that in the context of the facts of the present case, the learned single Judge has fallen in error in not quashing the disciplinary proceeding, which has been initiated against the writ petitionerappellant, and/or in declining to direct that the disciplinary proceeding be kept in abeyance till the disposal of the criminal case inasmuch as we notice that the allegations, which have been made against the writ petitioner-appellant, are not complex in nature and, hence, no prejudice would be caused to the writ petitioner-appellant if the disciplinary proceeding is allowed to continue.

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As regards the contention of the writ petitioner-appellant that no disciplinary proceeding could have been initiated, suffice it to point out that on submission of charge sheet against the appellant, a criminal case has already been registered against the petitioner-appellant and, hence, the disciplinary proceeding cannot be said to be devoid of any material.

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Situated thus, we find no reason to interfere with the impugned order disposing of the writ petition. We may, however, hasten to add that the observations, which have been made by us in the preceding paragraphs of this appeal and/or by the learned

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Patna High Court LPA No.935 of 2014 (3) dt.05-09-2014

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single Judge in the order impugned in this appeal, shall not be taken to have been made on the merit of the petitioner-appellant’s case and, hence, it would remain open to the writ petitionerappellant to satisfy the enquiring authority or disciplinary authority that the charges, levelled against him, are not sustainable or have not been sustained by the materials, which may be produced during the disciplinary proceeding.

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We also make it clear that what has been decided, in the writ petition and by us, in this appeal, are merely the questions as to whether a disciplinary proceeding could have been initiated against the writ petitioner-appellant and/or whether the criminal proceeding ought to have been kept in abeyance till disposal of the criminal case; but as far as the merit of the case, lodged against the writ petitioner-appellant, or the merit of the disciplinary proceeding, drawn against the writ petitioner-appellant, is concerned, we express no opinion.

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With the above observations and directions, this appeal shall stand disposed of.

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(I. A. Ansari, J.)

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Kanchan/-

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(Amaresh Kumar Lal, J.)

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U T

Chandan Kumar v. The North Bihar Power Distribution Company Ltd. and Ors.

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Chandan Kumar v. The North Bihar Power Distribution Company Ltd. and Ors.

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