Pramod Kumar Mishra v. M. P. State Electricity Board
2018-12-17
S.K.SETH, VIJAY KUMAR SHUKLA
body2018
DigiLaw.ai
ORDER Seth, C.J.--1. This intra Court appeal is directed against the order dated 4th January, 2018 passed by the learned Single Judge in Writ Petition No. 13603 of 2013. By the order impugned, the writ petition filed by the appellant challenging the order of dismissal was dismissed. Relevant facts are as under. 2. Petitioner was posted as Asst. Grade III in Power Distribution Centre Chakghat in Rewa District. A charge sheet was issued against appellant alleging that he misappropriated the amount collected from consumers against their electricity bills and a regular departmental enquiry was initiated. In the said enquiry, the charge was found proved, therefore after giving a show cause notice, punishment of dismissal from service was imposed upon him. After considering the reply of petitioner, order dated 18.12.2006 was passed dismissing the appellant from service and recovery of defalcated amount. The appeal preferred by the appellant was of no avail and it was dismissed vide order dated 16.5.2007 by the appellate authority. 3. By order dated 20.11.2012, learned Single Judge set aside the order of the appellate authority and remitted the matter to the appellate authority to decide the appeal afresh in the light of rule 27 of the M.P. Civil Services (Classification, Control and Appeal) Rules 1966. 4. In compliance of order of the learned Single Judge, the appellate authority after affording opportunity of hearing, once again rejected the appeal by order dated 18.2.2013. 5. The order dated 18.2.2013 was challenged in Writ Petition No. 13603 of 2013. Learned Single Judge by the order impugned dated 4th January, 2018 found no merit in the petition and consequently dismissed it. Hence, this intra Court appeal, as stated above. 6. After having heard learned counsel for the appellant at length and on due consideration of material available on record, we find that the order impugned does not suffer from any infirmity calling for our interference in this appeal. It is an undisputed fact that appellant made an unsuccessful attempt to misappropriate the amount collected from consumers against their electricity bills, and when this fact came to the light, appellant deposited the amount through Bank Drafts. It was a serious matter and the appellant could not escape from the misconduct by depositing the amount through Bank Drafts.
It is an undisputed fact that appellant made an unsuccessful attempt to misappropriate the amount collected from consumers against their electricity bills, and when this fact came to the light, appellant deposited the amount through Bank Drafts. It was a serious matter and the appellant could not escape from the misconduct by depositing the amount through Bank Drafts. Order dated 18.2.2013 passed by the appellate authority contains sufficient reasons and it is not open for the writ Court to sit in appeal over the reasons assigned in the appellate Order. Reliance placed on the decision of the Supreme Court in Narinder Mohan Arya v. United India Insurance Company Ltd. and others, reported in (2006) 4 SCC 713 , is of no avail in the facts and circumstances of the case in hand. In this view of the matter, we find no substance in this appeal, accordingly it is hereby dismissed. 7. Ordered accordingly.