Citation : 2022 Latest Caselaw 10723 Ker
Judgement Date : 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33598 OF 2022
PETITIONER:
M.T.ANTONY,
AGED 58 YEARS
MENACHERRY HOUSE, VALLOM, RAYONPURAM P.O.,
PERUMBAVOOR, ERNAKULAM DISTRICT.
BY ADVS.
K.T.THOMAS
MATHEW BOB KURIAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695004,
REPRESENTED BY ITS CHAIRMAN.
2 THE CHAIRMAN,
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM - 695 004.
3 THE CHIEF ENGINEER (H.R.M.),
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM - 695 004.
4 THE DEPUTY CHIEF ENGINEER,
ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD,
PERUMBAVOOR, ERNAKULAM DISTRICT - 685 542.
SRI.B.PREMOD, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33598 OF 2022
2
JUDGMENT
Dated this the 21st day of October, 2022
This writ petition is filed seeking the following prayers:
"(i) To issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P5 and P6 orders, or
(ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to consider and pass orders on Ext.P7 review petition expeditiously, after hearing the petitioner."
2. Heard the learned counsel for the petitioner and the learned
standing counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner that the
petitioner, while working as Sub Engineer, Electrical Section,
Perumbavoor, under the respondents, had faced a disciplinary enquiry
which resulted in a penalty being imposed on him. It is submitted that
the appeal preferred by the petitioner has been ordered by Ext.P6 dated
02.08.2022 against which the petitioner has preferred Ext.P7 review
petition under the provisions of the KSEB Employees (Classification,
Control and Appeal) Regulations. It is submitted that the same is liable
to be considered with specific reference to the contentions raised by the WP(C) NO. 33598 OF 2022
petitioner and a speaking order is liable to be passed on the same.
4. Having heard the learned standing counsel also, there will be a
direction to the 2nd respondent to take up Ext.P7 review petition
submitted by the petitioner and to consider and pass orders on the same,
after considering the contentions of the petitioner as also after putting
him on notice and hearing him, within a period of six weeks from the
date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 33598 OF 2022
APPENDIX OF WP(C) 33598/2022
PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 17.02.2012 ISSUED BY 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER DATED 09.11.2012 PASSED BY 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER DATED 30.05.2017 PASSED BY 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 05.04.2022 IN W.P.(C) NO.18365/2014 Exhibit P5 TRUE COPY OF THE ORDER DATED 21.05.2022 PASSED BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER DATED 02.08.2022 PASSED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE REVIEW PETITION DATED 10.08.2022 FILED BY THE PETITIONER Exhibit P8 TRUE COPY OF THE PROCEEDINGS DATED 02.10.2020 ISSUED BY ACCOUNTS OFFICER (PENSION AUTHORISATION), KSEB LTD RESPONDENTS' EXHIBITS: NIL
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