Kerala High Court
Against Judgment Dated ... vs By Adv.Sindhu Santhalingam & ... on 23 February, 2021
WA 144/2021 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday,the 23rd day of February 2021/4th Phalguna, 1942
For information purpose only
WA No.144/2021
Against Judgment dated 19/11/2020 in WP(C) No.25635/2015 of
this Court.
APPELLANT/PETITIONER IN WP
SIBI THOMAS,AGED 51 YEARS
S/O.THOMAS T.THAYYIL, NOW RESIDING AT 4G, HOUSE NO.27,
LUIZ GARDEN, SOUTH KALAMASSERY, ERNAKULAM (ASSISTANT
EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, MALIPPURAM,
VYPEEN).
BY ADV.SINDHU SANTHALINGAM & SRI.A.D.SHAJAN
RESPONDENTS/RESPONDENTS IN WP
1. THE KERALA STATE ELECTRICITY BOARD
VAIDUTHI BHAVANAM, THIRUVANANTHAPURAM, REP. BY ITS
MANAGING DIRECTOR-695001.
2. CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ELECTRICITY BOARD LTD., THIRUVANANTHAPURAM-
695001.
3. CHIEF ENGINEER (DISTRIBUTION CENTRAL),
KERALA STATE ELECTRICITY BOARD, ERNAKULAM-695001.
4. DEPUTY CHIEF ENGINEER,ELECTRICAL CIRCLE,
KERALA STATE ELECTRICITY BOARD, THODUPUZHA-695564.
5. ENQUIRY OFFICER AND EXECUTIVE ENGINEER,
ELECTRICAL DIVISION, PEERUMED-685531.
BY ADV.SRI.ASOK M.CHERIAN FOR R1 TO R5.
Prayer for interim relief in the Writ Appeal stating that
in the circumstances stated in the appeal memorandum the High
Court be pleased to stay the operation of the judgment dated
19/11/2020 in WP(C)25635/2015 of the Learned single Judge,
pending the disposal of the Writ Appeal.
This Writ Appeal again coming on for orders on 23.02.2021
and this court's order dated 08.02.2021, upon perusing the
appeal memorandum, the court on the same day passed the
following:-
WA 144/2021 2/2
ALEXANDER THOMAS & T.R.RAVI, JJ.
--------------------------------
WA No.144 of 2021
[arising out of the judgment dated 19.11.2020
in W.P(C) No.25635/2015]
--------------------------------
Dated this the 23rd day of February 2021
For information purpose only
ORDER
Both sides may ascertain and address this court, as to whether
there are decisions of the Apex Court, which has explicitly considered
provisions pari materia to Rule 27 of the Central (CCA) Rules, 1969 in
the matter of consideration of appeals arising out from disciplinary
authorities and whether those decisions have been reinforced or in
any manner differed or diluted regarding the obligation to evaluate
the five parameters mentioned in Clauses (a) to (e) of Rule 27 of the
Central CCA Rules, as held in the case in R.P.Bhat v. Union of India
& Ors. [1986 (2) SCC 651] and also as to the content of the provisions
of Army Act and the Rules framed thereunder in the case, which has
been the subject matter of consideration of the Constitution Bench
in S.N.Mukharjee V. Union of India [1990 (4) SCC 594], etc.
List on 10/03/2021 on the top of the list.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
vgd
/true copy/
Sd/-
ASSISTANT REGISTRAR
