Vishwanath Prasad Singh v. Jharkhand Urja Vikas Nigam Limited
Judgment
CORAM: HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioners ----- : Mr. Sumeet Gadodia, Advocate Mrs. Shilpi Sandil Gadodia, Adv. Mr. Ankit Kumar Kumar, Advocate For the Respondents Mr. Anil Kumar Sinha, Advocate Mrs. Nirupama, Advocate Mr. Rajendra Krishna, Advocate Mr. Jay Shankar Tiwary, Advocate Mr. Ashish Kr Shekhar, Advocate Mr. Rajesh Kr Singh, Advocate Mr. Indrajit Sinha, Advocate Ms. Sonal Jaiswal, Advocate Mr. Shrestha Gautam, Advocate Mr. Yogendra Yadav, Advocate : Mr. Sachin Kumar, Sr. SC, JUVNL Mr. Om Prakash Tiwari, Sr. SC, JUVNL Mr. Varun Prabahkar, AC to Sr. SC Mr. Amit Kumar, SC Ms. Sugandha Khalkho, AC to SC Mr. Kaushik Sarkhel, SC Mr. Mithilesh Singh, SC Mr. J.F. Toppo, Sr. SC, JUVNL Mr. Amrit Raj Kisku, AC to Sr. SC Order No. 09 Dated: 16.05.2023 ----- The present batch of writ petitions have been filed for quashing the respective resolutions issued to the petitioners, descriptions of which have been given in Column No. 6 of the table mentioned hereunder, whereby they have been communicated that the competent authority has taken decision to cancel their appointments made under 4 the erstwhile Jharkhand State Electricity Board in the years 2007, 2008 and 2009 by way of absorption on the posts of Junior Electrical Engineer (General), Junior Electrical Engineer (G.T.O), Junior Engineer (Civil) and Assistant Electrical Engineer (General) and to revert them back to the initially appointed posts and have further been asked to file reply to the respective show cause notices.
The brief descriptions of the cases are as under: 1 2 3 4 5 6 Case No. Petitioner Post at the time of Promoted post with Presently the Post Impugned appointment with Resolution No. W.P.(S) Lalji Mahto Switchboard Junior Electrical Assistant Electrical 537 dated No.2903 Operator Grade-II Engineer (General Engineer w.e.f
03.06.2019 2019 on 01.04.1991 Cadre)
31.05.2017
21.06.2007 notification dated
19.06.2017 W.P.(S) Vishwanath Unskilled Khalasi on Junior Engineer No.2844 Pd. Singh
03.02.1996 (Civil) 2019 office order dated
24.10.2008
16.03.1996 W.P.(S) Suresh Switchboard Junior Electrical No.2880 Prasad Operator Grade-II Engineer 565 dated
03.06.2019 527 dated
03.06.2019 2019 W.P.(S) Choudhary on 01.04.1991
24.10.2008 Hari Mohan Switchboard Junior Electrical Assistant Electrical 575 dated No.2881 Choudhary Operator Grade-II Engineer (General Engineer w.e.f
03.06.2019 2019 on 01.04.1991 Cadre)
31.05.2017
24.10.2008 notification dated
19.06.2017 W.P.(S) Amarjit Assistant Operator Junior Electrical Assistant Electrical 547 dated No.2895 Prasad (Transmission) Engineer Engineer w.e.f
03.06.2019 2019
09.05.1988
24.10.2008
31.05.2017 notification dated
19.06.2017 W.P.(S) Ramakant Switchboard Junior Electrical Assistant Electrical 499 dated No.2904 Verma Operator Grade-II Engineer (General Engineer w.e.f
03.06.2019 2019 on 01.04.1991 Cadre)
31.05.2017
21.06.2007 notification dated
19.06.2017 W.P.(S) Ram Switchboard Junior Electrical Assistant Electrical 545 dated No.2906 Bahadur Operator Grade-II Engineer (General Engineer w.e.f
03.06.2019 2019 Mahto on 01.04.1991 Cadre)
31.05.2017
21.06.2007 notification dated
19.06.2017 W.P.(S) Anil Kumar Switchboard Junior Electrical Assistant Electrical 541 dated No.2916 Operator Grade-II Engineer (General Engineer
03.06.2019 2019 on 01.04.1991 Cadre)
18.02.2016 W.P.(S) Anil Kumar Unskilled Khalasi on Junior Electrical No.2919
11.04.1994 Engineer (General 2019 Cadre)
21.06.2007 517 dated
03.06.2019 5
21.06.2007 W.P.(S) Swarup Unskilled Khalasi on Junior Electrical Assistant Electrical 519 dated No.2948 Kumar Baski
08.07.1992 Engineer (General Engineer
03.06.2019 2019 Cadre)
18.02.2016
21.06.2007 W.P.(S) Jagdeo Assistant Operator Junior Electrical Assistant Electrical 521 dated No.2956 Mahto (Transmission) Engineer (General Engineer (General
03.06.2019 2019
09.05.1988 Cadre) Cadre)
21.06.2007
18.02.2016 W.P.(S) Arbind Switchboard Junior Electrical No.2971 Kumar Operator Grade-II Engineer (General 2019 on 08.07.1988 Cadre)
24.10.2008 555 dated
03.06.2019 W.P.(S) Kameshwar Assistant Operator Junior Electrical Assistant Electrical 497 dated No.2977 Thakur (Thermal) Engineer (General Engineer w.e.f
03.06.2019 2019
04.07.1989 Cadre)
31.05.2017
24.10.2008 notification dated
19.06.2017 W.P.(S) Angesh Unskilled Khalasi on Assistant Electrical Electrical 543 dated No.2982 Kumar
04.08.2006 Engineer (General Executive
03.06.2019 2019 Cadre) Engineer
24.10.2008
31.12.2013 W.P.(S) Deepak Technician Junior Electrical No.2992 Kumar Khati (Telecommunication) Engineer 2019 W.P.(S) on 13.02.1990
24.10.2008 Sitaram Unskilled Khalasi on Junior Electrical No.2993 Chatomba
24.07.1995 Engineer 2019 W.P.(S) Pawan Unskilled Khalasi on Assistant Electrical Electrical
24.10.2008 No.2995 Kumar
10.05.2008 Engineer Executive 2019 Mishra
24.10.2008 Engineer
31.12.2013 W.P.(S) Uday Kumar Switchboard Junior Electrical No.2997 Singh Operator Grade-II Engineer (General 2019 on 01.04.1991 Cadre)
24.10.2008 W.P.(S) Ramnandan Switchboard Junior Electrical No.2998 Ram Operator Grade-II Engineer (General 2019 on 13.04.1987 Cadre)
24.10.2008 W.P.(S) Rajendra Switchboard Junior Electrical No.2999 Prasad Operator Grade-II Engineer 2019 W.P.(S) Choudhary on 01.04.1991
24.10.2008 Shankar Assistant Operator Junior Electrical No.3000 Prasad (Thermal) Engineer (General 2019
04.07.1989 Cadre)
24.10.2008 W.P.(S) Doman Ram Technician Junior Electrical Assistant No.3001 Mahto (Telecommunication) Engineer (G.T.O Executive 2019 on 11.11.1994 Cadre) Engineer (G.T.O)
21.06.2007 on 31.12.2015 551 dated
03.06.2019 539 dated
03.06.2019 491 dated
03.06.2019 563 dated
03.06.2019 525 dated
03.06.2019 567 dated
03.06.2019 581 dated
03.06.2019 533 dated
03.06.2019 W.P.(S) Ram Prasad Switchboard Junior Electrical Assistant Electrical 571 dated No.3002 Mahto Operator Grade-II Engineer Engineer
03.06.2019 2019 W.P.(S) on 01.04.1991
24.10.2008
19.06.2017 Banarsi Ram Switchboard Junior Electrical 523 dated 6 No.3003 Operator Grade-II Engineer
03.06.2019 2019 W.P.(S) on 13.04.1987
24.10.2008 Sheo Ram Unskilled Khalasi on Junior Engineer Assistant Engineer 553 dated No.3006 Krishna
17.06.1994 (Civil) (Civil)
03.06.2019 2019 W.P.(S) Tondan
22.06.2007
29.12.2015 Md. Maqsood Assistant Operator Junior Electrical Assistant No.3008 Hassnain (Thermal) Engineer (G.T.O Executive 495 dated
03.06.2019 2019 Ansari
09.08.1988 Cadre) Engineer (G.T.O
21.06.2007 Cadre)
31.12.2015 W.P.(S) Shakil Alam Unskilled Khalasi on Assistant Electrical Electrical No.3010
07.07.1998 Engineer (General Executive 489 dated
03.06.2019 2019 Cadre) Engineer (General
24.10.2008 Cadre)
31.12.2013 W.P.(S) Ramnandan Switchboard Junior Electrical Assistant Electrical 535 dated No.3011 Paswan Operator Grade-II Engineer (General Engineer (General
03.06.2019 2019 on 01.04.1991 Cadre) Cadre)
21.06.2007
18.02.2016 W.P.(S) Amit Kumar Unskilled Khalasi on Junior Electrical No.3022
12.12.2001 Engineer (General 2019 Cadre)
24.10.2008 W.P.(S) Rohitas Unskilled Khalasi on Junior Electrical No.3028 Kumar
30.06.1992 Engineer (General 2019 Cadre)
24.10.2008 W.P.(S) Pankaj Switchboard Junior Electrical No.3029 Kumar Operator (Grade II) Engineer (General 2019 Jaiswal on 01.04.1991 Cadre)
16.01.2009 577 dated
03.06.2019 561 dated
03.06.2019 493 dated
03.06.2019 W.P.(S) Abadhesh Assistant Operator Junior Electrical Assistant Electrical 573 dated No.3031 Kumar (Thermal) Engineer (General Engineer w.e.f
03.06.2019 2019
04.07.1989 Cadre)
31.05.2017
24.10.2008 notification dated
19.06.2017 W.P.(S) Murli Technician Junior Electrical No.3034 Manohar (Telecommunication) Engineer (General 2019 Prasad on 07.04.1994 Cadre)
16.01.2009 W.P.(S) Tulsi Das Switchboard Junior Electrical No.3035 Mahto Operator Grade-II Engineer (General 2019 on 01.04.1991 Cadre)
24.10.2008 W.P.(S) Subhash Unskilled Khalasi on Junior Electrical No.3036 Kumar
24.03.2008 Engineer (General 2019 Cadre)
24.10.2008 W.P.(S) Prema Messenger Junior Electrical No.3042 Narayan
29.07.2006 Engineer (General 2019 Cadre)
24.10.2008 549
03.06.2019 557 dated
03.06.2019 569 dated
03.06.2019 579 dated
03.06.2019 W.P.(S) Swapan Switchboard Junior Electrical Assistant Electrical 507 dated No.3266 Kumar Sikdar Operator Grade-II Engineer (General Engineer w.e.f
03.06.2019 2019 on 13.04.1987 Cadre)
31.05.2017
21.06.2007 notification dated 7
19.06.2017 W.P.(S) Yogendra Assistant Operator Junior Electrical No.3283 Prasad (Thermal) Engineer (General 2019
17.06.1989 Cadre)
24.10.2008 W.P.(S) Md. Switchboard Junior Electrical No.4646 Gyasuddin Operator Engineer 501 dated
03.06.2019 559 dated
03.06.2019 2019
14.04.1987
24.10.2008 Learned counsel for the petitioners contends that the said show cause notices are mere eye wash and in utter violation of the principles of natural justice as the respondent authorities have already come to a definite conclusion that the appointment of the petitioners by way of absorption on the posts of Junior Electrical Engineer (General), Junior Electrical Engineer (G.T.O), Junior Engineer (Civil) and Assistant Electrical Engineer (General) is not in conformity with the appointment rules. It is also submitted that in fact the appointment of the petitioners on the aforesaid posts has been made after following due procedure of law. Moreover, neither the enquiry report nor the documents being part thereof as referred in the impugned resolutions have been served to the petitioners. It is also submitted that even if the allegation made by the respondents is assumed to be true, then also the petitioners should not be made to suffer without any fault on their part for the irregularities committed by the respondents at the time of making their appointments on the respective posts. Some of the petitioners have also been given promotion to the next higher post after following due process of law.
Per Contra, learned counsel for the respondents submits that the matter of irregular appointment of the petitioners came to the notice of the Jharkhand Urja Vikas Nigam Ltd. (JUVNL) through complaint dated
14.09.2018 and thereafter a high level enquiry committee was constituted under the Chairmanship of Sri A. Natrajan (IPS), ADGP (V&G). The Chairman of the said committee submitted enquiry report before the competent authority vide letter no. 16 dated 19.02.2019. Thereafter, the enquiry report was examined at length from which it surfaced that the petitioners‟ appointments were illegally made without following the established procedure and rules as well as without issuing advertisement mentioning internal quota, reservation roster etc. Hence, show cause notices have been issued to the petitioners providing them opportunity to explain their innocence and also to satisfy that their 8 appointments are not illegal. However, the petitioners instead of filing reply to the said show cause notices have preferred the present writ petitions. In fact, the final decision in the matter is to be taken by the Board of Directors, JUVNL after taking into consideration the reply of the petitioners.
Heard the learned counsel for the parties and perused the materials available on record. The petitioners have sought interference of this Court at the stage of issuance of the show cause notices and as such, before coming to the merit of the contentions of the learned counsel for the petitioners, it would be appropriate to refer some of the judgments of the Hon‟ble Supreme Court wherein the scope of interference by the writ court at the stage of issuance of show cause notice has been discussed.
In the case of “Union of India & Anr. Vs. VICCO Laboratories”, reported in (2007) 13 SCC 270, the Hon‟ble Supreme Court has held as under: issued. Abstinence
Normally, the writ court should not interfere at the stage of issuance of show-cause notice by the authorities. In such a case, the parties get ample opportunity to put forth their contentions before the authorities concerned and to satisfy the authorities concerned about the absence of case for proceeding against the person against whom the show-cause notices have been interference at the stage of issuance of show-cause notice in order to relegate the parties to the proceedings before the authorities concerned is the normal rule. However, the said rule is not without exceptions. Where a show-cause notice is issued either without jurisdiction or in an abuse of process of law, certainly in that case, the writ court would not hesitate to interfere even at the stage of issuance of show-cause notice. The interference at the show- cause notice stage should be rare and not in a routine manner. Mere assertion by the writ petitioner that notice was without jurisdiction and/or abuse of process of law would not suffice. It should be prima facie established to be so. Where factual adjudication would be necessary, interference is ruled out.
In the case of “Union of India & Anr. Vs. Kunisetty Satyanarayana”, reported in (2006) 12 SCC 28, the Hon‟ble Supreme Court has held thus:
It is well settled by a series of decisions of this Court that ordinarily no writ lies against a charge- 9
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.