Kerala High Court
Arun Jose vs State Of Kerala on 1 August, 2022
W.P.(C) Nos. 13862 & 14004 of 2002 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
ST
MONDAY, THE 1 DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
WP(C) NO. 13862 OF 2022
PETITIONER/S:
JAYACHANDRAN NAIR,
AGED 53 YEARS,
S/O. KARUNAKARAN NAIR,24/816/3, VASANTHA
BHAVAN,METTUKADA, THYCAUD (POST),THIRUVANANTHAPURAM-
695014. (CHIEF EDITOR, TRAVANCORE EXPRESS ONLINE CHANNEL).
BY ADVS.
SUBASH CHANDRAN
SATHEESH MOHANAN
RESPONDENT/S:
1 THE CHAIRMAN AND MANAGING DIRECTOR KSEB LTD.
VYDHYUATHI BHAVAN
PATTOM,THIRUVANANTHAPURAM, PIN - 695 004.
2 M.G. SURESH KUMAR
EXECUTIVE ENGINEER
POWER SYSTEM ENGG WING
OFFICE OF THE DIRECTOR TRANSMISSION
AND SYSTEM OPERATION
VYDHYTHI BHAVAN, PATTOM
THIRUVANANTHAPURAM, PIN - 695 004.
3 THE DIRECTOR,
TRANSMISSION AND SYSTEM OPERATION
VYDHYUATHI BHAVAN, PATTOM
THIRUVANANTHAPURAM.
4 SECRETARY, ADMINISTRATION KSEBL
VYDHYUATHI BHAVAN
PATTOM ,THIRUVANANTHAPURAM, PIN - 695 004.
5 EDITOR MATHRUBHUMI TELEVISION
V.M NAIR MEMORIAL BUILDING
MATHRUBHUMI ROAD, P.B.NO.5959
VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695 035.
BY ADVS.
K.M.SATHYANATHA MENON
KAVERY S THAMPI
SRI. B.PREMOD, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2022,
ALONG WITH WP(C).14004/2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C) Nos. 13862 & 14004 of 2002 :2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
ST
MONDAY, THE 1 DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
WP(C) NO. 14004 OF 2022
PETITIONER/S:
ARUN JOSE,
AGED 29 YEARS
S/O. JOSE SEBASTIAN, MUNDAKKATHADATHIL HOUSE,
CHENNALODE P.O., KAVUMANNAM, VYTHIRI, WAYANAD - 673 121.
BY ADVS.
ALEN J. CHERUVIL
ALEX.M.SCARIA
SARITHA THOMAS
A.J.RIYAS
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
POWER, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.
3 THE MANAGING DIRECTOR,
THE KERALA STATE ELECTRICITY BOARD LIMITED, VAIDHUTHI
BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.
4 KSEB OFFICERS ASSOCIATION,
MALLOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM, KERALA -
695 035, REPRESENTED BY ITS GENERAL SECRETARY,
SRI.M.G.SURESH KUMAR.
5 M.G.SURESH KUMAR,
AGED 55 YEARS
KSEB OFFICER ASSOCIATION, MALLOOR ROAD, VANCHIYOOR,
THIRUVANANTHAPURAM, KERALA - 695 035.
BY ADVS.
K.M.SATHYANATHA MENON
M.SASINDRAN
KAVERY S THAMPI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2022,
ALONG WITH WP(C).13862/2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C) Nos. 13862 & 14004 of 2002 :3:
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
---------------------------------------------------------
W.P.(C) No. 13862 & 14004 of 2022
---------------------------------------------------------
Dated this the 1st day of August, 2022.
JUDGMENT
S. MANIKUMAR,CJ.
The writ petitions are filed as Public Interest Litigations seeking
a direction against the illegal strike of the KSEB employees.
2. A learned Division Bench of this Court, by order dated 26 th
April, 2022 in W.P.(C) No. 14004 of 2022, directed the State of Kerala,
represented by its Principal Secretary, Department of Power,
Secretariat, Thiruvananthapuram - 695 001, respondent No.1, to
initiate conciliation talks between the Board and the members of the
4th respondent and try and arrive at an amicable settlement. It was
further directed that if the employees of the 2 nd respondent Board go
ahead and indulge in any conduct falling within the purview of Section
2 of the Kerala Essential Services Maintenance Act, 1994, under any
banner or nomenclature, in violation of the rules of the Board, which
disrupts the generation, distribution and supply of electricity in the
State of Kerala, the 1st respondent, shall immediately issue
W.P.(C) Nos. 13862 & 14004 of 2002 :4:
appropriate orders under the Kerala Essential Services Maintenance
Act, 1994, and prohibit such conduct. The Board was given liberty to
take appropriate action against the erring employees in accordance
with law.
3. Sri. K. M. Sathyanatha Menon, learned Standing Counsel
appearing for the Kerala State Electricity Board, submitted that
pursuant to the same, action has been taken, and he has also filed a
statement dated 30.05.2022 for and on behalf of respondent Nos. 2
and 3 detailing the action taken by the Board and the settlement
stated to have been made between the parties. The said statement is
reproduced hereunder:
"(a)Action taken by the Board
I. The following disciplinary actions that have been set in
motion by the Company for various activities which transgressed on the
applicable Kerala Government Servant's Conduct Rules 1960 and
statement of allegationsand memo of charges for major penalties served
to the charged officers keeping in mind the decisions of this Hon'ble
court in Chandrachoodan Nair S vs State of Kerala and others in 2022(2)
KLJ 308 and also G BalagopalanVs State of Kerala and Another ( ILR
2021 (1) Ker 673) are enumerated below:
Sl.
Name and
No Summary of charges
Designation
.
W.P.(C) Nos. 13862 & 14004 of 2002 :5:
1. Sri. M.G. Suresh i. Deliberately made highly derogatory
Kumar, Executive wrong statements against management
Engineer (President and senior officials of the Company by
of the respondent issuing notice circulated on 04042022,
Association) knowing fully that they are not true to
Electrical Division facts and is an affront to the authority of
Perinthalmanna. the Company Management and the
Board of Directors which constitutes
grave misconduct. Supplied the copy of
the above notice to KSEBL and circulated
it widely in press / visual media which
also constitutes a grave misconduct.
ii. Being an employee of the KSEBL and an
office bearer of Kerala State Electricity
Board Officers' Association which is a
charitable society registered under the
TravancoreCochin (Literary, Scientific
and Charitable) Societies Registration
Act acted without any authority either to
intervene in a disciplinary proceeding
initiated by the competent authority of
the Company or to interfere with the
internal disciplinary matters of the
Company in the capacity as a senior
officer of the Company or as the office
bearer of an Association registered under
the TravancoreCochin (Literary,
Scientific and Charitable) Societies
Registration Act.
iii. Called for conducting of a strike /
demonstration / protest on 5/4/2022 on
company premises on the same issue
which is in violation of Rule 77(b)(2)
and 86 of the Conduct Rules applicable.
Further publication of the note is in gross
infringement of Rule 62 of the Conduct
Rules.
W.P.(C) Nos. 13862 & 14004 of 2002 :6:
iv. Asserted and in gross violation of official
duties as an officer (Executive Engineer,
Power System Engineering, O/o the
Director (T&SO)), and have exhorted
fellow officers to abstain from duty even
at the cost of disrupting power supply if
need be, which is an act of wanton
indiscretion and lack of consideration of
his immediate pressing responsibility on
28/3/2022.
v. Grossly tarnished the image of the KSEBL
by unlawful actions which badly affected
the goodwill of the Company in public.
2. Smt. JasminBanu. A., a. Made unlawful interpretations through
Executive Engineer public address system indicting and
Generation Division interfering with the Company's
Seethathode. management action with the full
knowledge that they transgress the
provisions of the applicable Conduct
Rules.
b. Deliberately attacked openly and
maligned the position and actions of
superior officers, attributed motives and
accused incompetency in public.
c. Without making any representation
stating any grievance to the effect
articulated publically and widely
disseminated through facebookengaged
in the conduct of organising, attending
and addressing a protest march
conducted during office hours, in
absentation from assigned duty, is in
flagrant violation of Conduct rules
applicable and ignoring the of
disciplinary action vide Memo of Charges
No. VIG/A3/2990/2022/811 dated
W.P.(C) Nos. 13862 & 14004 of 2002 :7:
31/03/2022.
d. Through public remarks, mocked,
ridiculed and insubordinated reporting
hierarchy and passed value judgement
on a process initiated before furnishing
statement of defences, attempting to bias
the disciplinary authority opinion, before
the defence is heard, attempting to
disable the Company's legal hierarchy to
determine the matter.
e. Grossly tarnished the image of the KSEBL
by the wholly unlawful actions which has
badly affected the goodwill of the
Company in public.
3. Sri. B. Harikumar, i. While working as Assistant Executive
Assistant Executive Engineer, along with one another
Engineer (General individual, has published an exhibit1
Secretary of the through social media and circulated it
respondent widely to Company officers and
Association) workmen and the media and it has
APTS, Palakkad. come to the notice of the competent
disciplinary authority, clearly attacking
the contents and operational directives
of the KSEBL company, issued vide
Circular No. PS1(B)/Trade
Unions/Strike/2021 dated 23/03/2022
and attributed unholy motives and cast
aspersions on clarifications given by the
competent authority (Chairman and
Managing Director, KSEBL) clarifying
the Company's positions on matters of
internal discipline related to the strike.
ii. Made deliberately infactual and
misleading statements and meant to
unfairly instigate workers and officers
W.P.(C) Nos. 13862 & 14004 of 2002 :8:
against management and the Board of
Directors and to cause confusion and
disaffection towards the management
and Directors of KSEBL.
iii. Made unlawful statements attributing
illicit motives to the office of the
Chairman & Managing Director which
is a deliberately premeditated and
unjustified act of gross discipline, direct
insubordination, assertion of undue
authority and position not permitted as
a senior officer (Assistant Executive
Engineer) serving the Board of
Directors of the Company and higher
authorities so designated by it, only
answerable and obedient to the
KSEBL's competent authority in the
official capacity.
iv. Deliberately mislead the readers of the
note, contravening the provisions of
Conduct Rules made applicable to all
officers of KSEBL as adopted in the
tripartite agreement and subsequently
resolved by the Board provided under
(Rule 77(b)(2) and Rule 86).
v. Alleged in the widely circulated note
that the Chairman and Managing
Director has suppressed facts and
mislead the readers whereas the
Company circular (Exhibit2) is clear in
its purpose and contents and does not
contain any assertion to that extent and
is materially the same as the previous
issues on similar circumstances.
W.P.(C) Nos. 13862 & 14004 of 2002 :9:
vi. Wilfully challenged the right of the
Company in seeking reasonable
compliance from subordinate Heads of
Offices such as Chief Engineers and
Deputy Chief Engineers of its executive
instructions whereas he had no
business in the matter.
vii. Mislead the employees or lay readers by
presenting falsely inability of
controlling officers to attend office
whereas the directions of the Company
to invariably attend office during the
strike period is limited to officers who
are provided with Company transport
and have definite supervisory
responsibilities over the cadres placed
below them.
viii. Warned persons planning to appear for
work the pain of moderate disturbances
to the power grid which is specifically
prohibited by Company Conduct Rule
(62).
ix. Made specific unlawful statement which
is a deliberate act of gross wilful
disobedience of his responsibility and
manifest insolence which makes his
continuation in the service of KSEBL
reporting to the Board of Directors
wholly untenable and necessitates
separating the person from the
Company and its service in the interest
of internal discipline.
x. Acted in tandem with trade unions and
worker members, who are required to
be directly monitored and supervised
by him in his official capacity as
Assistant Executive Engineer, thereby
W.P.(C) Nos. 13862 & 14004 of 2002 : 10 :
diluting his official position and
compromising his role, function and
purpose in the Company.
xi. Asserted and in gross application of his
duty as an officer (Assistant Executive
Engineer, Dyuti Project Monitoring
Division), and have exhorted fellow
officers to abstain from duty even at the
cost of disrupting power supply if need
be, which is an act of wanton
indiscretion and lack of consideration
of your responsibility.
xii. Grossly tarnished the image of the
KSEBL by his actions and lead to
erosion of its goodwill due to his
unconsidered actions.
4. Sri. Sajeev. K.S. Partook in a sitin called Sathyagraha /
Assistant Engineer agitation on 5/4/2022 following a call
66 KV Sub Station, made by a charitable service association
Kottayam KSEB Officers Association (KSEBOA)
registered under the TravancoreCochin
Charitable Societies Act 1955 ultravires
5. Sri. Salim. N.E.
applicable Conduct Rules and ignoring
Executive Engineer
office duties.with the following present
TransGrid TC
office bearers as the signatories to the
Division,
call.
Kozhikode.
1 Shri. M.G. Suresh Kumar (President)
6. Smt. Seema. K.P.
2 Shri. B. Harikumar (General
Executive Engineer
Secretary)
KAES, Kakkayam
7. Sri. Sooraj. T.P..
Assistant Engineer ii. Violated the instructions of the
Electrical Section, competent authority made as per
Payyannur Kerala Government Servants Conduct
W.P.(C) Nos. 13862 & 14004 of 2002 : 11 :
8. Sri. Sreejith. S.R. Rules 1960 ((Rule 77(b)(2), Rule 62
Assistant Engineer and Rule 86)
220 KV Substation, iii. Entered the Company premises,
Kaniyambetta building, floor 7 and rooms wholly
restricted to them, shouting abusive
9. Smt. Suma Sekhar slogans and made vitriolic
Senior Superintendent demonstrations, speeches and gestures
Electrical Section, and obscene and intimidatory
Thirumala utterances to the senior officials in the
Company Management, Directors and
10. Sri. Babu. R. the CMD.
Assistant Executive iv. Physically interfered with a review
Engineer meeting which was being conducted in
the Chairman's Conference Hall in the
11. Sri. Binu. B. 7th floor of the Company headquarters
Assistant Executive chaired by the Chairman & Managing
Engineer Director regarding the plan progress of
Electrical Section, the Company and central sector project
Ambalappuzha progress of the Company from 9.30 am
onwards at around 11.52 am. All the
12. Sri. AneeshParakkadan Directors of the Company and Heads of
Assistant Departments were attending the
Executive Engineer conference in person or through video
Substation Sub conference embarrassing all
Division, participants and showing the Company
Malappuram in a poor light to its consumers and
general public.
13.Sri. Anoop Raj. V.P. v. Concealed with fellow employees,
Assistant Engineer through disguise or stealth and
Electrical Section trespassed into the conference hall in
Kottayam Central floor 7 earmarked for the meeting of
the Full Time Directors ongoing at
Chairman's Conference Hall, at around
14.Smt. Sreelakumari. N. 11.52 am, and obstructed the meeting
Executive Engineer by sitting down between the officers
Electrical Division, attending the meeting and making
Kannur threatening hand signals and abusive
W.P.(C) Nos. 13862 & 14004 of 2002 : 12 :
slogans intimidating the officers of dire
15.Sri. Nandakumar. N. consequences. Upon commencement of
Assistant Engineer resultant control and arrest procedure
Electrical Division, by the Police who armed on scene that
Alappuzha. dispersed only in order to avoid an
impeding arrest by speeding down the
16. Sri. PrakashKumar.P.T
corridors and stairs.
Assistant Engineer
v. Violation of Conduct Rules and
Office of the
Sections 143, 149, 341, 342, 448, 353
Director
and 188 of Indian Penal Code.
(Distribution & IT)
17. Smt. RenjanaDevi.K.
Executive Engineer
Transmission
Division,
Thrissur
18. Smt. Indira. K.
Executive Engineer
Electrical Division,
Thripunithura
19.Sri. Pradeep. P.N.
Senior Superintendent.
Electrical Section,
Punja, Pallom.
20.Sri. Dwipin Das. D.
Assistant Engineer
Electrical Section
Vadakara South
21.Sri. Pradeep Kumar. T.
Asst. Exe. Engineer
220 KV Substation,
Nallalam.
22 Sri. Kurien Sebastian i Participated in a protest titled Sathyagraha
Exe. Engineer (Retd.) staged by KSEB Officers Association
W.P.(C) Nos. 13862 & 14004 of 2002 : 13 :
(KSEBOA), a charitable welfare/service
association working in KSEBL with no
legal warrant or permission whatsoever to
call for strike etc. as per notice referred
(1) against the Company policy and
action, from about 10.00 am in front of
the Company.
ii At about 11.52 am on the same day, along
with approximately other 20 persons
trespassed without permission into the 7th
floor of the Company Corporate Office and
by forcing through the prohibited doors of
the restricted conference hall of the Full
Time Directors of KSEBL (his former
disciplinary authority and present pension
granting authority) and staged an ugly
protest, unbecoming of his status,
shouting slogans, howling abuses and
showering direct threats on the chair of
the meeting, ie., the Chairman &
Managing Director, KSEBL and about
seven Directors of the Company and Heads
of Departments who were assembled
there, who were astounded at his
unsightly and uncouth conduct.
iii The actions were visible to the entire
participants of the meeting (about 1000
members who were officers and
employees) throughout the State of Kerala
and was circulated later through official
media and other sources, damaging the
goodwill and prestige of his former long
term employer and further pension
provider. Abused the pension granting
authority in full public view and realising
fully so.
iv The actions on 5/4/2022 11.52 am and
W.P.(C) Nos. 13862 & 14004 of 2002 : 14 :
thereafter for half an hour need no further
enquiry or explanation as his conduct is a
matter of record of the Company through
its recorded official CCTV footage,
videographs clearly showing his criminal
trespass and forced entry and testimonials
from the Chief Vigilance Officer, T.A. to
CMD, Director Board and Heads of
Departments that he obstructed the
meeting for about half an hour howling
deafening abuses and shouting insulting
slogans and exhorting other serving
officers to do so after you, which was
obeyed in high measure resulting in
earning manifest misconduct.
The charged officers have been issued with detailed memo of charges
and statement of allegations. Replies from all these charged officers are yet
awaited and hence upon full receipt of them they shall be disposed as per the
regulations, after hearing their defence statements through written statement
of defences and oral disposals in the internal disciplinary proceedings before
the appointed Enquiry Officer as per applicable regulations/rules.
(b)Settlement stated to have been made between the parties.
I. Based on the order of this Hon'ble court dated 26/4/2022,
this respondent attended the meeting convened on 7.05.2022 by the first
respondent, Principal Secretary (Power), Government of Kerala, in which the
following representatives of the 4th respondent Association were present.
Shri. M.G. Suresh Kumar, President, KSEB Officers Association
W.P.(C) Nos. 13862 & 14004 of 2002 : 15 :
Shri.Harikumar, B., General Secretary, KSEB Officers
Association
Shri. Shine Raj, Zonal Secretary, KSEB Officers Association
II. The purpose of the meeting was stated to be to arrive at an
amicable settlement subject to the directions contained in the order including
actions under the Conduct and Disciplinary Rules applicable to the members
of the respondent organization following their agitations between 5/4/2022
and 19/4/2022.
III. The submissions from the side of the 4th respondent
Association was that the disciplinary actions initiated on the leaders and
participants in strike / protest activity between 5/4/2022 and 19/4/2022
which occurred sporadically in the various company offices were to be
condoned without any further proceedings and status quo to be maintained
and restored in so far as the officers who were suspended and reinstated in
different stations were concerned and that they were to be restored to same
offices where the alleged misconduct occurred as part of the amicable
settlement. They also wanted categorical withdrawal of all disciplinary
actions initiated against officers and one retired officer who forcefully
trespassed into the ongoing meeting of the Kerala State Electricity Board Ltd
on 5/4/2022 and shouted slogans abusive of the participants of the meeting.
They further wanted the promotions withheld on account of disciplinary
action initiated to be forthwith provided and also the period under
suspension of 3 strike leaders (Smt. JasminBanu. A., Executive Engineer, Sri.
M.G. Suresh Kumar, Executive Engineer and Sri. Harikumar. B., Assistant
W.P.(C) Nos. 13862 & 14004 of 2002 : 16 :
Executive Engineer) to be treated as duty period with full wages. They
further wanted the Government to direct (understood to be in similar lines of
G.O. (P) No. 1/2019/GAD dated 31.01.2019) to permit them to avail Casual
Leave or other eligible leave and avoid diesnon fully during the days in
which they struck work or led protest in the Company Headquarters and
other offices. They desired the period spent on strike to be paid for by the
Company and thereby the consumers thereafter.
IV.Since above request was fully against the spirit of the judgments of this
Hon'ble court as well as against the interest of the KSEBL and public interest
and since the disciplinary actions set in motion by the appointing
authority/disciplinary authority cannot be settled extraneously outside the
Company such as at a conciliatory meeting without examining the merit of
the charges and defence, the KSEBL took the stand that only on completion
of disciplinary proceedings against the officers who were served with
statement of allegations and memo of charges that their request can
considered complete. Replies from charged officers are awaited and hence
upon receipt of them they shall be disposed as per the regulations, after
hearing their defence statements through written statement of defences and
oral depositions in the internal disciplinary proceedings before appointed
Enquiry Officer. The Board assured an early and fair disposal of the same
subject to cooperation of the charged officers to the disciplinary enquiry
proceedings and that no undue victimization or favour will be shown in the
process.
In so far as the applicability of diesnon during the days spent on
protest/strike keeping away from work, the respondent association
W.P.(C) Nos. 13862 & 14004 of 2002 : 17 :
vehemently argued for permitting them to avail leave of Casual or other
nature of eligible leave.
But KSEBL pointed out the consistent directions of this Hon'ble court in
"G. Balagopalan vs. State of Kerala and others" and "Chandrachoodan Nair
vs. State of Kerala" wherein the Hon'ble High Court has categorically
disallowed any order by Government or public agencies where Kerala Service
Rules and Kerala Government Conduct Rules are applicable to defray wages
when an employee has been admittedly striking work or absenting himself as
a part of pendown / dilatory tactics.
V. The Government have only requested to expeditiously address the
disciplinary actions keeping in view the need to maintain the essential service
with minimum disruptions due to activities of the organizations.
VI.Thus in the meeting held on 7.05.2022 it was orally resolved to
complete the disciplinary proceedings at the earliest and to arrive at a
decision.
VII. The Government also expressed to take a final decision after
consultation with the Legal Department in so far as the questions of decision
is concerned."
4. It is submitted by the learned counsel for the 4th respondent
that the averments contained in the affidavit dated 27.07.2022 filed by
respondent No.4 with respect to the bona fides of the petitioner in
W.P.(C) No. 14004 of 2022 and also as to how the petitioner had
obtained certain documents, are not to be taken seriously and that
they are not relevant for the disposal of the writ petition. Said
W.P.(C) Nos. 13862 & 14004 of 2002 : 18 :
submission of the learned counsel is placed on record.
In view of the above, adjudication of the issues raised in the writ
petition on merits is not required. Accordingly, these writ petitions are
disposed of, placing on record the statement of the Board dated
30.05.2022 that action has already been initiated against the erring
employees.
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
W.P.(C) Nos. 13862 & 14004 of 2002 : 19 :
APPENDIX OF WP(C) 13862/2022
PETITIONER'S EXHIBITS:
ExhibitP1 A TRUE COPY OF THE ORDER DATED 28.03.2022 IN
WP(C) NO. 10478 OF 2022 OF THIS HON'BLE COURT.
Exhibit P2 A TRUE COPY OF THE CIRCULAR OF THE CHAIRMAN
AND MANAGING DIRECTOR OF KSEB LTD DATED
23.03.2022.
Exhibit P3 A TRUE AND TRANSLATED COPY OF THE EXACT PART
OF THE PRIME TIME DEBATE CONDUCTED IN
MATHRUBHUMI CHANNEL DATED 28.3.2022.
Exhibit P4 A TRUE COPY OF THE COMPLAINT FILED BY THE
CHAIRMAN AND MANAGING DIRECTOR KSEB LTD.
RELATING TO THE INCIDENT TOOK PLACE IN PALAKKAD
DISTRICT, BEFORE THE INSPECTOR GENERAL OF
POLICE, NORTH ZONE KOZHIKODE.
Exhibit P5 A TRUE COPY OF THE FIR LODGED BY ALATHUR POLICE
STATION, WITH RESPECT TO THE ABOVE SAID
INCIDENT DATED 29.03.2022
Exhibit P6 TRUE COPY OF THE REPRESENTATION GIVEN BY THE
PETITIONER DATED 30.03. 2022
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS To Judge.
rv
W.P.(C) Nos. 13862 & 14004 of 2002 : 20 :
APPENDIX OF WP(C) 14004/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RELEVANT PARTS OF THE
GOVERNMENT SERVANTS CONDUCT RULES.
Exhibit P2 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED
27/07/1976 BEARING NO. 48063/SS1/75/PD OF
PUBLIC S. S DEPARTMENT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 08/05/2018
BEARING NO. BO(FTD) 1214/2018 (PS-1(A)/WPC
18766/2017 ISSUED BY THE CORPORATE OFFICE
(PERSONNEL) OF 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER DATED 07/04/1961
BEARING NO. BS1(B)-63/60 ISSUED BY THE
CHAIRMAN OF THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE CIRCULARS DATED 15/11/2021
BEARING NO. PS1 (B)/TRADE UNIONS2021 ISSUED BY
THE 2ND RESPONDENT (ALONG WITH ENGLISH
TRANSLATION).
Exhibit P6 TRUE PHOTOGRAPHS OF THE STAGE CONSTRUCTED
CONDUCTING AGITATION.
Exhibit P7 TRUE COPY OF THE NOTICE, CALLING FOR SUCH
STRIKE BY THE 4TH RESPONDENT. (WITH ENGLISH
TRANSLATION).
Exhibit P8 TRUE COPY OF THE NEWS REPORT APPEARED ON PAGE
5 OF MALAYALA MANORAMA DAILY DATED 08/04/2022
( WITH ENGLISH TRANSLATION).
Exhibit P9 TRUE COPY OF ANOTHER NEWS REPORT APPEARED ON
PAGE 6 OF MALAYALA MANORAMA DAILY DATED
10/04/2022. ( WITH ENGLISH TRANSLATION)
Exhibit P10 TRUE COPY OF THE NEWS REPORT APPEARED IN THE
HINDU ON-LINE DATED 07/04/2022.
Exhibit P11 THE RELEVANT BROCHURE WHICH CONTAINS CALLING
FOR ILLEGAL STRIKE OF OFFICERS BY THE 4TH
RESPONDENT ON SOCIAL MEDIA.
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER
DATED 28/03/2022 IN W.P.(C). 10478/2022 IN
RESPECT OF THE STRIKE BY THE GOVERNMENT
SERVANTS.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 02/02/2021 IN
W.P.(C). 5752 OF 2019.
Exhibit P14 TRUE COPY OF THE RELEVANT PAGES OF THE REVISED
PAY SCALE OF OFFICERS OF THE 2ND RESPONDENT
BEARING NO. BO(FTD) NO. 171/2021
(PS1/2617/PR/2018) TVPM DATED 26/02/2021.
Exhibit P15 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED
15/02/1984 BEARING NO. 20802/SS1/84/GAD ISSUED
BY THE GOVERNMENT OF KERALA
W.P.(C) Nos. 13862 & 14004 of 2002 : 21 :
Exhibit P16 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED
07/06/1984 BEARING NO. 47061/SS1/84/GAD ISSUED
BY THE GOVERNMENT OF KERALA
Exhibit P17 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED
16/12/1991 BEARING NO. 111160/SS1/91/GAD
ISSUED BY THE GOVERNMENT OF KERALA
Exhibit P18 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED
17/02/1993, BEARING NO. 107572/SS1/92/GAD
ISSUED BY THE GOVERNMENT OF KERALA
RESPONDENT EXHIBITS:
EXT.R2(a) TRUE COPY OF MEMO OF CHARGES BEARING
NO.VIG/A1/100/2022 ISSUED AGAINST 5TH
RESPONDENT.
EXT.R2(b) TRUE COPY OF THE ORDER NO. VIG/A1/100/2022
DATED 05.04.2022 SUSPENDING TEH 5TH
RESPONDENT FROM SERVICE.
EXT.R2(c) TRUE COPY OF THE ORDER NO.VIG/A1/100/2022
DATED 12.04.2022 REINSTATING 5TH RESPONDENT
INTO SERVICE.
/True Copy/
PS To Judge.
rv
