The Bombay High Court at Aurangabad dismissed the writ petition of a former Sub-Engineer with Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL), challenging his 1995 termination over theft of electric poles. The petitioner claimed he merely followed orders from superiors and was not given a fair departmental inquiry or access to key documents, while also noting his acquittal in related criminal cases by the Judicial Magistrate.
The Court found these arguments unconvincing, emphasizing the confessional statement made by the petitioner about issuing poles without official requisition and his sustained participation in the departmental process despite objections about the inquiry’s impartiality. The Court further held that acquittal in a criminal trial does not automatically nullify findings in departmental proceedings, where the standard of proof differs and the employer’s trust is paramount.
The Division Bench of Justices Abasaheb D. Shinde and R.G. Avachat noted there were no procedural violations or new grounds raised that would warrant judicial interference in the concurrent findings of departmental authorities, first appeal, and second appeal confirming the dismissal. The petition was deemed meritless and dismissed, reaffirming that judicial review under Article 226 does not extend to re-appreciation of evidence in such disciplinary matters.
Appearances:
Mr. A.R. Syed, Advocate for the Petitioner.
Mr. S.B. Pulkundwar, AGP for Respondent/State.
Mr. Anil M. Gaikwad, Advocate for Respondent Nos.2 to 5.