Zakkeer Hussain S. vs Chairman
2021 Latest Caselaw 7369 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       WP(C).No.2673 OF 2021(H)


PETITIONER:

               ZAKKEER HUSSAIN S., AGED 49 YEARS
               S/O. SHAMSUDEEN, SOPHIYA MANZIL, CHARUMOODU,
               PUTHUKULANGARA P.O, NEDUMANGADU, THIRUVANANTHAPURAM
               695 541 (FORMERLY EMPLOYED AS JUNIOR ASSISTANT,
               KERALA STATE ELECTRICITY BOARD)

               SRI.M.SREEKUMAR

RESPONDENTS:

      1        CHAIRMAN, KERALA STATE ELECTRICITY BOARD
               VYDYUTHI BHAVAN, PATTOM P.O,
               THIRUVANANTHAPURAM 695 004

      2        CHIEF ENGINEER (HRM)
               KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,
               PATTOM P.O, THIRUVANANTHAPURAM 695 004

      3        DISTRICT COLLECTOR,
               COLLECTORATE, KUDAPPANAKKUNNU P.O, THIRUVANANTHAPURAM
               695 043

               SRI.ASOK M.CHERIAN
               SRI.SUNIL KUMAR KURIAKOSE-GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2673 OF 2021(H)

                                       2


                                JUDGMENT

Dated this the 3rd day of March 2021

The petitioner says that while he was working in the

services of the Kerala State Electrictiy Board (KSEB),

disciplinary action was taken against him, which finally

culminated in an order imposing the punishment of removal

from service; and that against the same, he had preferred an

appeal before the Chairman of the KSEB, who is the competent

Appellate Authority. The petitioner says that the Chairman and

Managing Director has now issued Ext.P17, rejecting his

appeal but without citing any reason for doing so. The

petitioner, therefore, prays that Ext.P17 be set aside and that

he be directed to be reinstated in service.

2. The learned standing counsel for the KSEB, Sri.Asok

M.Cherian submitted that Ext.P17 has been issued by the

Managing Director of the KSEB after examining all the relevant

aspects and inputs. He, therefore, prayed that this writ petition

be dismissed.

3. I cannot find favour with the submissions of

Sri.Asok M.Cherian as afore because, though Ext.P17 has four

pages, except that last seven lines therein, the others are a WP(C).No.2673 OF 2021(H)

mere reproduction of the facts involved. The Manging Director

has, thereafter, chosen to reject the appeal without assigning

any reason but merely saying as under:

"In compliance of the direction of Hon'ble High Court, the undersigned has examined Ext.P2 appeal submitted by the petitioner in detail and observed that no grounds are there in the appeal which is to be considered afresh in the wake of the judgment of the Hon'ble Enquiry Commissioner & Special Judge and in the light of the detailed enquiry report of the Legal Adviser and Disciplinary Enquiry Officer, fixing the final liability and therefore decided to reject the same. Ext.P2 representation is disposed of and orders are issued accordingly in compliance of the judgment dated 09.04.2018 of the Hon'ble High Court in WP(C) No.11574/2018."

4. It is luculent from the above that though the Managing

Director has referred to the judgment of this Court in W.P.(C)

No.11574/2018 - the copy of which is Ext.P18 - its spirit has

been totally missed, since through it, the petitioner had been

granted liberty to challenge the order of punishment as per

law, which, concomitantly enjoins the said Authority to have

considered the appeal adverting to all the contentions of the

petitioner, rather than have rejected it in the manner as has

been done in Ext.P17.

5. Presumably, discerning my mind as afore, the learned

standing counsel for the KSEB submitted that if this Court is so WP(C).No.2673 OF 2021(H)

inclined, the Managing Director of the KSEB will reconsider

the appeal and issue an appropriate order as per the provisions

of the applicable Regulations.

6. In the afore circumstances, I order this writ petition

and set aside Ext.P17; with a consequential direction to the

Chairman and Managing Director of the KSEB to reconsider

the appeal of the petitioner in its proper perspective, as per the

applicable Rules and Regulations and after affording a further

opportunity of being heard to him - either physically or

through video conferencing - thus culminating in an

appropriate decision thereon, as expeditiously as is possible,

but not later than two months from the date of receipt of a

copy of this judgment.

In the meanwhile, until the afore exercise is completed

by the Chairman and Managing Director of the KSEB, no action

for recovery of any amounts will be pursued against the

petitioner and such action will depend upon the decision to be

taken by the said Authority.

                                              Sd/- DEVAN RAMACHANDRAN

    Stu                                                  JUDGE
 WP(C).No.2673 OF 2021(H)






                              APPENDIX
    PETITIONER'S EXHIBITS:

    EXHIBIT P1      TRUE COPY OF ORDER NO. GB1/04-05/17/537 DATED
                    04-10-2004

    EXHIBIT P2      TRUE COPY OF MEMO OF CHARGES NO. GB1/17/04-
                    05/549 DATED 18-10-2004

    EXHIBIT P3      TRUE COPY OF STATEMENT OF DEFENCE SUBMITTED BY
                    PETITIONER DATED 1-11-2004

    EXHIBIT P4      TRUE COPY OF AMENDED MEMO OF CHARGES NO. DIS

ACTION/CASHIER/06-7/114 DATED 12-12-2006

EXHIBIT P5 TRUE COPY OF REPLY FILED BY PETITIONER DATED 14-01-2007

EXHIBIT P6 TRUE COPY OF ENQUIRY REPORT OF LEGAL ADVISOR AND DISCIPLINARY ENQUIRY OFFICER DATED NIL

EXHIBIT P7 TRUE COPY OF SHOW CAUSE NOTICE NO. EBVS (2) 9/86/2004/351 DATED 27-04-2011 ISSUED BY 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF REPLY FILED BY PETITIONER DATED 17-06-2011

EXHIBIT P9 TRUE COPY OF ORDER NO. EBVS(2) 9/86/2004/908 DATED 24-09-2011 OF THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF APPEAL FILED BY PETITIONER DATED 9-11-2011 (DATE WRONGLY SHOWS AS 11-09-2011 ) BEFORE THE 1ST RESPONDENT

EXHIBIT P11 TRUE COPY OF LETTER NO.VIG/BVII/8059/04/3182 DATED 15-12-2011 FROM THE CHIEF VIGILANCE OFFICER TO PETITIONER

EXHIBIT P12 TRUE COPY OF NOTICE NO. B8.2194/16 DN 2404 ISSUED BY DEPUTY TAHSILDAR (RR)

EXHIBIT P13 TRUE COPY OF THE LETTER NO. RIA/PIO/2017-

28/1577 DATED 21-2-2018 ISSUED TO THE PETITIONER.

WP(C).No.2673 OF 2021(H)

EXHIBIT P14 TRUE COPY OF SHOW CAUSE NOTICE NO. R9-

7842/2017 DATED 26-03-2018 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P15 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO 11574/2018 DATED 9-4-2018

EXHIBIT P16 TRUE COPY OF SHOW CAUSE NOTICE NO.R9-7842/2017 DATED 7-12-2019 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P17 TRUE COPY OF ORDER NO. LAS IV/2280/2018 DATED 25-07-2018 OF THE 1ST RESPONDENT

EXHIBIT P18 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 34851/2019 DATED 14-01-2021