Raveendran A.V vs The Kerala State Electricity ...
2023 Latest Caselaw 8816 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                   WP(C) NO. 30670 OF 2022
PETITIONER:

          RAVEENDRAN A.V
          AGED 52 YEARS
          S/O LATE SANKARAN RAVIVARMAN, AKKECHI VEEDU
          ERAVIL PILICODE, KASARGODE, PIN: 671310
          WORKING AS ASSISTANT EXECUTIVE ENGINEER( ELEC),
          MANANTHAVADY ELECTRICAL SUB DIVISION, WAYANAD.
          BY ADV K.M.SATHYANATHA MENON


RESPONDENTS:

    1      THE KERALA STATE ELECTRICITY BOARD ,
           REPRESENTED BY ITS SECRETARY, VYDYUTHI
           BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN
           695004.
    2      THE CHIEF ENGINEER
           HUMAN RESOURCE MANAGEMENT [HRM] VYDYUTHI
           BHAVANAM PATTOM, THIRUVANANTHAPURAM PIN: 695004
    3      THE INTERNAL COMPLAINTS COMMITTEE
           KSEBL KASARGODE DISTRICT, REPRESENTED BY ITS
           ASSISTANT EXECUTIVE ENGINEER SUB REGIONAL
           STORE, KSEBL, VIDYA NAGAR, KASARGODE PIN:
           671123
    4      AJITHA A,
           AGED 43 YEARS
           THE ASSISTANT ENGINEER (ELEC) ELECTRICAL
           SECTION, NELLIKUNNU, KASARGODE PIN: 671121
           BY ADVS.
           SRI.K.S.ANIL, SC, KSEB
           Resmi Nandanan
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2023, ALONG WITH WP(C).8934/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                   WP(C) NO. 8934 OF 2023
PETITIONER:

          RAVEENDRAN A.V
          AGED 52 YEARS
          S/O LATE SANKARAN RAVIVARMAN, AKKECHI VEEDU
          ERAVIL PILICODE, KASARGODE,PIN - 671310
          WORKING AS ASSISTANT EXECUTIVE ENGINEER,
          ELECTRICAL SUB DIVISION MANANTHAVADY, WAYANAD
          DISTRICT.
          BY ADV K.M.SATHYANATHA MENON


RESPONDENTS:

    1      THE KERALA STATE ELECTRICITY BOARD LIMITED
           REPRESENTED BY ITS SECRETARY, VYDYUTHI
           BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
           PIN - 695004
    2      THE CHAIRMAN AND MANAGING DIRECTOR
           KERALA STATE ELECTRICITY BOARD LIMITED,
           VYDYUTHI BHAVANAM, PATTOM,
           THIRUVANANTHAPURAM, PIN - 695004
    3      THE CHIEF ENGINEER
           HUMAN RESOURCE MANAGEMENT [HRM]
           VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
           PIN - 695004
           BY ADVS.
           B.PREMOD
           Anil K S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2023, ALONG WITH WP(C).30670/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NOS.30670/22 & 8934/23
                                 ..3..



                             JUDGMENT

Among the afore two writ petitions - which have been

filed by the same petitioner and therefore being heard

together - W.P.(C)No.30670/2022, inter alia, challenges Ext.P7

recommendations made by the statutorily constituted Internal

Complaints Committee (ICC), as also Ext.P4 Memo of Charges,

but conceding that he has replied to the latter through Ext.P5

objections.

2. While so, it appears that petitioner was sought to be

demoted and he, therefore, filed W.P.(C)No.8934/2023 - the

second among the afore two writ petitions - and there is an

interim order granted by this Court in it, which holds the field.

3. When these matters were called today, the learned

counsel for the petitioner - Sri.K.M.Sathyanatha Menon,

submitted that, as regards W.P.(C)No.30670/2022, his client will

be satisfied if the competent Authority of the Kerala State

Electricity Board (KSEB) is directed to take a decision on Ext.P4

Memo of Charges, adverting to Ext.P5 explanation; and prayed

that until such time as a final decision thereon is taken, the

interim order granted by this Court in W.P.(C)No.8934/2023 be WPC NOS.30670/22 & 8934/23 ..4..

maintained.

4. Sri.K.S.Anil - learned Standing Counsel for the KSEB,

agreed that the afore course can be adopted and prayed that

these writ petitions be ordered on such terms.

Adverting to the afore submissions, I dispose of these writ

petitions in the following manner:

a. W.P.(C)No.30670/2022 is ordered, directing the

competent Authority of the KSEB to advert to Ext.P5

explanation of the petitioner and take a final decision on Ext.P4

Memo of Charges, thus concluding whether a disciplinary

enquiry is required, or whether further action is to be dropped.

b. I make it clear that if the KSEB is to take a final

decision that any action based on Ext.P4 is not necessary, then

all consequential benefits to the petitioner will be made

available; but on the contrary, if it is to be found that

disciplinary enquiry is required to be completed, then it shall

be done after affording necessary opportunity of being heard

to the petitioner, following due procedure, within a period of

three months from the date of receipt of such decision.

c. I make it clear that I have not entered into the

merits of Ext.P7 in W.P.(C)No.30670/2022 and that all WPC NOS.30670/22 & 8934/23 ..5..

contentions of the rival parties are left open.

d. Consequently, W.P.(C)No.8934/2023 is ordered,

directing that the interim order granted therein by this Court

on 16.03.2023, will continue to be in effect until such time as

the exercise ordered in direction (a) above is completed and

the resultant order communicated to the petitioner.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR WPC NOS.30670/22 & 8934/23 ..6..

APPENDIX OF WP(C) 30670/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO:

EB1/T&P/AEE(ELEC)/2022 DATED 28.06.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 16.12.21 FILED BY THE 4TH RESPONDENT WITH THE 3RD RESPONDENT Exhibit P2 A ENGLISH TRANSLATION OF EXHIBIT P2 Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED NIL FILED BY PETITIONER WITH THE 3RD RESPONDENT Exhibit P3 A ENGLISH TRANSLATION OF EXHIBIT P3 Exhibit P4 TRUE COPY OF THE MEMO OF CHARGES DATED 13.06.2022 COMMUNICATION NO:

EBVS.8/11/2022 DATED 13.06.2022]. Exhibit P5 TRUE COPY OF THE REPLY DATED 19.07.2022 SUBMITTED BY NE PETITIONER TO EXT P4 MEMO OF CHARGES Exhibit P6 TRUE COPY OF THE LETTER FORWARDED BY THE PETITIONER WITH THE 3RD RESPONDENT DATED 5.08.2022.

Exhibit P7 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT IN CASE O: ICC-KSEBL KASARGODE/01/2021 DATED 16.03.2022 Exhibit P8 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 19.08.2022 Exhibit P9 A TRUE COPY OF TREATMENT SHEET ISSUED FROM GOVERNMENT HOSPITAL WAYANAD DATED 30.08.2022.

Exhibit P10 A TRUE COPY OF THE NOTICE OF HEARING SERVED UPON THE PETITIONER BY THE 2ND RESPONDENT DATED 1.10.2022 Exhibit P10 A TRUE COPY OF THE REQUEST FOR TRANSFER DATED 13.09.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P11 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE EXECUTIVE ENGINEER, DATED 13.09.2022 WPC NOS.30670/22 & 8934/23 ..7..

APPENDIX OF WP(C) 8934/2023

PETITIONER EXHIBITS Exhibit P1 A RELEVANT PORTION OF PROCEEDINGS NO.EB1/AE-AEE/ELE/TEMPORARY PROMOTION/2020-21 DATED 4.08.2020 OF THE 3RD RESPONDENT, CHIEF ENGINEER(HRM), KSEBL Exhibit P2 A TRUE COPY OF THE INTERIM ORDER DATED 11.10.2022 IN WP(C) NO.30670/2022 ON THE FILE OF THIS HONOURABLE COURT Exhibit P3 A TRUE COPY OF THE PROCEEDINGS NO.EB1/PROM/AE€-AEE(E)/2022 DATED 9.03.2023 OF THE 3RD RESPONDENT, WHEREIN THE PETITIONER IS SHOWN AS SERIAL NO.107 AND THE PETITIONER WAS REVERTED TO THE POST OF ASSISTANT ENGINEER(ELE) 66 KV SUB STATION IN SULTHANBATHERY