Kerala High Court
N. V. Sunil vs Kerala State Electricity Board Ltd on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15903 OF 2024
PETITIONER/S:
N. V. SUNIL
AGED 46 YEARS
S/O. VELUTHA, ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE
ELECTRICITY BOARD LTD., ELECTRICAL SECTION, ERNAKULAM
CENTRAL PIN 682018. (RESIDING AT NIKARTHIL, EZHUPUNNA P.O.,
NEENDAKARA, CHERTHALA), PIN - 688537
BY ADVS.SHAMEENA SALAHUDHEEN,ASTRID STEREENA
MATHEW,B.RAVISANKAR
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LTD
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM,, PIN - 695004
2 CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM,, PIN - 695004
3 CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
4 DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE,
ERNAKULAM, PIN - 682018
5 EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL DIVISION,
ERNAKULAM, PIN - 682018
OTHER PRESENT:
SC SRI. K.S ANIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WPC. No. 15903/2024
JUDGMENT
(Dated: 12th April, 2024) The petitioner has approached this court seeking the following reliefs:
i. to call for records leading to Ext.P7 Recovery Notice Issued by the 3rd respondent and P8 Recovery Notice by the 5th respondent and all further proceedings leading to that and pursuant thereto and to issue a writ in the nature of certiorari to quash the same;
ii. to declare that issuance of Ext.P7 and P8 are illegal vitiated by non application of mind, procedural errors, illegal, perfunctory, a colourable exercise of power, malafide action in bad faith, arbitrary and falls out of Article 14, 16 and 21 of the Constitution of India;
iii. to mould and issue any other writ or direction appropriate in the circumstances of this case which this Hon'ble Court deems just, fit, proper and necessary; and to grant cost of this proceedings to the petitioner, and iv. dispense with filing translation of the vernacular documents.
2. The petitioner is presently working as Assistant Engineer (Electrical) in Kerala State Electricity Board Ltd., (for short the Board) at Electrical Section Ernakulam Central. He had approached this court challenging Exts.P7 & P8 recovery notices issued by the 3rd and 5th respondents.
3. Brief facts of the case are that on 30.8.2016 Ext.P2 memo of charges was issued, whereby the petitioner was directed to show cause as to why disciplinary proceedings shall not be initiated against him as he has 3 WPC. No. 15903/2024 caused loss to the 1st respondent. Challenging Ext.P2, the petitioner approached this court by filing W.P.(C). No.21569 of 2017 and by the judgment dated 17.11.2017 disposed of the writ petition. Aggrieved by the said judgment, the petitioner has filed Writ Appeal No.24 of 2018. In the meanwhile, the petitioner was served with an enquiry report and a show cause proposing to impose a punishment of barring two years increments with cumulative effect and recovery of an amount of Rs.13,11,610/- with interest.
4. The petitioner submitted a written explanation to the same through Ext.P4. The 3rd respondent by order dated 16.12.2023 as the disciplinary authority imposed a punishment of barring two annual increments without cumulative effect and to recover an amount of Rs.13,11,610/-. Aggrieved by the said order, an appeal was filed before the 2nd respondent. While the appeal was pending, the 3rd respondent issued a letter to the 5th respondent directing them to recover the amount from the petitioner. Consequently, the 5th respondent issued a recovery notice to the petitioner. Immediately the petitioner filed Ext.P9 reply before the 2nd respondent directing to keep the recovery proceedings in abeyance till the 4 WPC. No. 15903/2024 appeal is disposed of. Though the 5th respondent forwarded the same to the 3rd respondent no action has been taken and the petitioner apprehends that the recovery will be effected.
5. The grievance of the petitioner is that Exts.P7 and P8 orders are issued while pending Ext.P6 appeal. The petitioner was directed to remit the amount within 30 days from the date of the letter, failing which the recovery proceedings will be initiated from the salary. The counsel for the petitioner also submits that when Ext.P6 appeal and stay petition are pending, recovery proceedings through Exts.P7 and P8 ought not have been issued.
6. Heard the counsel for the petitioner as well as the standing counsel for the respondents.
7. The counsel for the petitioner submits that the petitioner has pleaded in the appeal regarding the stay of recovery but a separate petition is not filed. So he may be given the liberty to file a separate application for a stay in the appeal filed.
In view of the fact that the appeal is pending, Exts.P7 and P8 orders are issued while pending Ext.P6 appeal, whereby the petitioner is directed to 5 WPC. No. 15903/2024 remit the amount within 30 days from the letter, failing which the recovery proceedings will be initiated from the salary, I deem it appropriate to direct the appellate authority to take up the stay petition or the appeal and pass appropriate orders as expeditiously as possible, within two months from the date of receipt of a copy of the judgment. It is also made clear that the appellate authority is free to dispose of the appeal itself within the time limit if possible. Till, the stay petition or the appeal is considered whichever is earlier, and all the recovery proceedings pursuant to Exts.P7 and P8 will stand stayed.
The writ petition is disposed of.
Sd/-
BASANT BALAJI, JUDGE ss 6 WPC. No. 15903/2024 APPENDIX OF WP(C) 15903/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 29/01/2014 IN WRIT PETITION (CIVIL) NO. 2835/2014 Exhibit P2 A TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 30/08/2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P4 REPLY SUBMITTED BY THE PETITIONER DATED 9.4.2023 BEFORE THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE ENQUIRY REPORT ALONG WITH THE SHOW CAUSE NOTICE DATED 24.03.2023 Exhibit P5 A TRUE COPY OF THE PENALTY ADVICE NO. EBVS.2/1/2015/602 DATED 16.12.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P6 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 9.1.2024 Exhibit P7 A TRUE COPY OF THE RECOVERY NOTICE DATED 28.2.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P8 A TRUE COPY OF THE RECOVERY NOTICE DATED 9.4.2024 ISSUED BY THE 5TH RESPONDENT Exhibit P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 9.4.2024 Exhibit P10 A TRUE COPY OF THE FORWARDING LETTER DATED 11.4.2024 OF THE 5TH RESPONDENT