Minimol.S vs Kerala State Electricity Board ...
2023 Latest Caselaw 4425 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 13271 OF 2023
PETITIONER

             MINIMOL.S
             AGED 49 YEARS
             ASSISTANT ENGINEER, 110 KV SUB STATION,
             KERALA STATE ELECTRICITY BOARD LIMITED, ANGAMALY,
             ERNAKULAM DISTRICT, PIN-683572 RESIDING AT NIRMALYAM,
             VAKKANADU.P.O, KUZHIMATHICADU, KOLLAM DISTRICT,
             PIN - 691509
             BY ADV K.P.RAJEEVAN


RESPONDENTS:

     1       KERALA STATE ELECTRICITY BOARD LIMITED - KSEBL
             REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM
             P.O, THIRUVANANTHAPURAM, PIN - 695004
     2       MANAGING DIRECTOR
             KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN,
             PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004
     3       THE CHIEF ENGINEER (HRM)
             KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN,
             PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004
     4       CHIEF VIGILANCE OFFICER ( I/C)
             KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN,
             PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004
     5       DEPUTY CHIEF ENGINEER
             KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE
             DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KOLLAM,
             PIN - 691001
     6       EXECUTIVE ENGINEER
             KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE
             EXECUTIVE ENGINEER, TRANSMISSION DIVISION, NEAR 220 KV
             SUBSTATION, CHALAKKUDY, THRISSUR, PIN - 680307
     7       DEPUTY CHIEF ENGINEER
             KERALA STATE ELECTRICITY BOARD LIMITED, TRANSMISSION
             CIRCLE, VYDYUTHI BHAVAN, THRISSUR, PIN - 680022
 WP(C) NO.13271 OF 2023
                                         2



    8          REGIONAL AUDIT OFFICER
               KERALA STATE ELECTRICITY BOARD LIMITED, POWER
               HOUSE BUILDING, KOLLAM, PIN - 691001
    9          LEGAL ADVISOR AND DISCIPLINARY ENQUIRY OFFICER
               KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
               BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM, PIN -
               695004
               SRI.K.S.ANIL- R1 TO R9
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   12.04.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.13271 OF 2023
                                     3




                             JUDGMENT

Dated this the 12th day of April, 2023

The petitioner, while working as Assistant Engineer of

Kerala State Electricity Board, was proceeded against

departmentally for alleged misconduct. After the conclusion of

the disciplinary proceedings, a Show-cause notice has been

issued to the petitioner as per Ext.P4.

2. The grievance of the petitioner is that the enquiry

report served on the petitioner is not legible and complete.

Therefore, the petitioner is loosing an opportunity to effectively

defend the charges levelled against him.

3. The further grievance of the petitioner is that

instead of issuing a Show-cause notice and considering the

explanation given by the petitioner, the Disciplinary Authority

has already come to the conclusion of the guilt of the petitioner

and thereafter issued a Show-cause notice. The procedure WP(C) NO.13271 OF 2023

adopted by the Disciplinary Authority is illegal and violative of

the law laid by the Hon'ble Apex Court in the judgment in

Managing Director, ECIL, Hyderabad v. B.Karunakar [1993

KHC 995].

4. Standing Counsel entered appearance on behalf of

the respondents and resisted the writ petition. The Standing

Counsel submitted that the petitioner has been provided with a

copy of the enquiry report after the conclusion of the enquiry.

The Disciplinary Authority will be taking any action against the

petitioner only after considering the reply to be furnished by

the petitioner on the enquiry report. There is no illegality or

irregularity in issuing Ext.P4 Show-cause notice.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

6. A perusal of Ext.P5 enquiry report would show that

it is not legible and in many pages the enquiry report is WP(C) NO.13271 OF 2023

incomplete. Unless the petitioner is provided with a legible and

full copy of the enquiry report, the petitioner will be loosing the

opportunity to effectively defend the charges levelled against

him. Therefore, the respondents are bound to issue a legible

and complete copy of the enquiry report to the petitioner

before proceeding further.

7. As regards the conclusions arrived at by the

Disciplinary Authority in Ext.P4, I find prima facie grievance in

the arguments of the petitioner. The Disciplinary Authority

ought not have come to a conclusion of petitioner's guilt before

considering the objections filed by the petitioner.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 3rd respondent-Disciplinary

Authority to serve a legible and complete copy of Ext.P5

enquiry report on the petitioner. The petitioner shall be given

four weeks time to submit his explanation and objection to the

findings of the Enquiry Officer. The Disciplinary Authority shall WP(C) NO.13271 OF 2023

consider the petitioner's objections and pass appropriate

orders thereon, untrammelled by and without regard to any of

the adverse findings made by the Disciplinary Authority in

Ext.P4.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.13271 OF 2023

APPENDIX OF WP(C) 13271/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF MEMO OF CHARGES NO.EBVS.8/24/2013/357 DATED 26.5.2014 WITH STATEMENT OF ALLEGATIONS Exhibit P2 A TRUE COPY OF DEFENCE STATEMENT AND ARGUMENT NOTE DATED 21.3.2022 SUBMITTED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 12.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 9TH RESPONDENT Exhibit P4 A TRUE COPY OF SHOW CAUSE NOTICE EBVS.8/24/2013/821 DATED 24.3.2023 Exhibit P5 A TRUE COPY OF REPORT ON ENQUIRY NO.02/2017 DATED NIL HAVING 63 PAGES WHICH ARE NOT CLEARLY READABLE SENTENCE IN THE BOTTOM OF SOME PAGES ARE MISSING Exhibit P6 A TRUE COPY OF REPRESENTATION DATED 5.4.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT REQUESTING TO PROVIDE A READABLE COPY OF THE ENQUIRY REPORT Exhibit P7 A TRUE COPY OF DEFENCE REPRESENTATION DATED 5.4.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT TO PROVIDE THE COPY OF THE DISCIPLINARY PROCEEDINGS INCLUDING THE STATEMENT OF WITNESSES ETC Exhibit P8 A TRUE COPY OF JUDGMENT DATED 16.6.2022 IN OP(KAT)NO.130 OF 2022 AS REPORTED IN 2022 (4) KHC 278