Chandradas C.V vs Kerala State Electricity Board ...
2023 Latest Caselaw 9266 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                          WP(C) NO. 20024 OF 2023
PETITIONER:

              CHANDRADAS C.V
              AGED 55 YEARS
              S/O VIJAYADAS (LATE), RESIDING AT CHANDRALAYAM,
              VAZHAYILA, KARAKULAM P.O THIRUVANANTHAPURAM, WORKING AS
              ASSISTANT LAW OFFICER, O/O LEGAL ADVISOR & DISCIPLINARY
              ENQUIRY OFFICER, KERALA STATE ELECTRICITY BOARD LTD,
              PATTOM THIRUVANANTHAPURAM - 695004.
              BY ADVS.
              J.JULIAN XAVIER
              FIROZ K.ROBIN
              ROY JOSEPH
              ANIES MATHEW
              NIRMAL KURIEN EAPEN
              JOSEPH SEBASTIAN M.D.


RESPONDENTS:

     1        KERALA STATE ELECTRICITY BOARD LTD
              REP. BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM,
              THIRUVANANTHAPURAM, PIN - 695004
     2        CHIEF ENGINEER (HRM)
              KERALA STATE ELECTRICITY BOARD LTD, VYDHYUTHI BHAVANAM,
              PATTOM THIRUVANANTHAPURAM, PIN - 695004
     3        LEGAL ADVISOR & DISCIPLINARY ENQUIRY OFFICER
              OFFICE OF THE LEGAL ADVISOR & DISCIPLINARY ENQUIRY
              OFFICER, KERALA STATE ELECTRICITY BOARD LTD, VYDHYUTHI
              BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
              BY ADVS.
              NOEL JACOB
              THUSHARA JAMES(K/3592/1999)
              M.S.AMAL DHARSAN(K/728/2015)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20024 OF 2023
                                 2

                            JUDGMENT

The petitioner impugns Ext.P5 order, through

which, he has been transferred to Vakkom,

Electrical Station. He says that the transfer is

contrary to Ext.P6-Guidelines applicable to the

Kerala State Electricity Board (KSEB),

particularly because he is due to retire in less

than a year; and alleges that, for all practical

purposes, it is intended to be a punishment. He

pointed out that, in Ext.P5 itself, there is a

reference to a "Note" of the Vigilance Officer

of the KSEB, but without a copy of the same

being given to him, and thus that he is now

justified in apprehending that his transfer is a

punitive measure and not in exigencies of

administration or service.

2. Sri.Julian Xavier - learned counsel for WP(C) NO. 20024 OF 2023

the petitioner, further explained his client's

case saying that, there are certain

unsubstantiated allegations made against his

client, as is evident from Ext.P3 and that he

has replied to the same, but that even without

its consideration, he has now been sought to be

transferred, which clearly establishes that the

action is malafide. He thus reiteratingly prayed

that this writ petition be allowed.

3. Smt. Thushara James - learned Standing

Counsel for the KSEB, in response, submitted

that Ext.P5 order has been issued exclusively in

administrative exigencies and that the reference

to the "Note" of the Vigilance Officer, does not

change its nature. She, however, conceded that

there are allegations against the petitioner,

but explained that they are not merely as have WP(C) NO. 20024 OF 2023

been recorded in Ext.P3, but which are reflected

in Ext.R2(b) Memo of Charges dated 24.06.2023.

She pointed out that the imputations therein are

severe and therefore, that the petitioners'

continuation as the Legal Advisor in the

"Vyddyuthi Bhavanam", particularly where the

office of the Disciplinary Authority against him

is also situated, is untenable. She thus prayed

that this writ petition be dismissed.

4. I have considered the afore rival

submissions, but do not propose to enter into the

merits of any of them, except to the extent to

which is absolutely necessary for this case.

5. The challenge of the petitioner in this

writ petition is against Ext.P5, wherein, there

is no mention that he has been transferred either

for disciplinary purpose, or as a punishment. WP(C) NO. 20024 OF 2023

The arguments for and against these propositions,

are in the realm of speculation.

6. As is usual in such matters, this Court

would be loath to enter into the merits of Ext.P5

at the first instance, since the question whether

it is issued in exigency of service, or

otherwise, is an issue that has to be decided by

the competent Authority, based on all relevant

facts and documentary inputs.

7. I see from the files that this Court has

already protected the petitioner by granting him

an interim order on 20.06.2023.

8. Therefore, I am of the view that the

petitioner must now prefer a representation

against Ext.P5 before the competent Authority, if

he is so interested; and that the same will need

to be decided, before the transfer is effected WP(C) NO. 20024 OF 2023

against him.

9. The learned counsel for both sides agreed

to the afore course.

In such circumstances, I allow this writ

petition to the limited extent of leaving liberty

to the petitioner to prefer an appropriate

representation against Ext.P5 before the

competent Authority of the KSEB, and if this is

done within a period of one week from the date of

receipt of a copy of this judgment, the same

shall be considered, after affording him an

opportunity of being heard, resulting in an

appropriate order thereon, within a period of two

weeks thereafter.

Needless to say, until such time as the

afore exercise is completed, provided the

petitioner invokes his liberty as reserved above WP(C) NO. 20024 OF 2023

- and the resultant order communicated to the

petitioner, the interim order granted by this

Court on 20.06.2023 will continue to be in

force.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/ACR WP(C) NO. 20024 OF 2023

APPENDIX OF WP(C) 20024/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE B.O (CM) NO.3427/2014 DATED 27.12.2014 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF B.O (CMD) NO. 626/2015 DATED 13.03.2015 ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE MEMO NO. AO (LAW)GNL/2022 DATED 04.02.2023 ISSUED BY THE LAW OFFICER-1 TO THE PETITIONER Exhibit P4 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 07.02.2023 Exhibit P5 TRUE COPY OF THE ORDER NO. EB3(A)/SS/T&P/2023 DATED 15.06.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE B.O (FTD) NO.84/2023 (PS1(A)/OLGT-2023/GL FOR MIDDLE LEVEL OFFICERS DATED 27.02.2023 ISSUED BY THE 1ST RESPONDENT EXT.P7 TRUE COPY OF THE RTI INFORMATION NO. LA IV/RIA/20/2023 DATED 19.08.2023 ISSUED TO THE PETITIONER FROM THE PUBLIC INFORMATION OFFICER, KSEBL EXT.P8 SCREEN SHORT OF THE WHATS APP MESSAGE DATED 12.04.2023 CLIPED BY SMT. JYOTHY PRADEEP EXT.P9 TRUE COPY OF THE REPLY DATED 31.07.2023 TO THE MEMO OF CHARGES, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P10 TRUE COPY OF THE BOARD ORDER B.O (FB) NO.1208/2011(LA.IV/8305/96) DATED 12.05.2011 EXT.P11 TRUE COPY OF THE ORDER NO. LEII/6617/21/2021-

22 DATED 20.10.2021 ISSUED BY THE 1ST RESPONDENT EXT.P12 TRUE COPY OF THE PROCEEDINGS NO. LE II/5273/2022 DATED 12.07.2022 ISSUED BY 1ST RESPONDENT EXT.P13 TRUE COPY OF THE ORDER NO. LE II/1141/2022 DATED 16.03.2023 ISSUED BY THE 1ST RESPONDENT EXT.P14 TRUE COPY OF THE ORDER NO. LE II/3903/ 2020 DATED 09.05.2023 ISSUED BY THE 1ST RESPONDENT WP(C) NO. 20024 OF 2023

EXT.P15 TRUE COPY OF THE ORDER B.O (FTD) NO.837/2022(AO (LAW) G1/13441/2016-17) DATED 14.10.2022 ISSUED BY THE FULL TIME DIRECTORS OF KSEBL EXT.P16 TRUE COPY OF THE MEMO DATED 24.07.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P17 TRUE COPY OF THE NOTE LA AND DEO NO.CMD/107/ACTION PLAN/2023 DATED 10.08.2023 ISSUED BY THE CHAIRMAN AND MANAGING DIRECTOR OF KSEBL RESPONDENT ANNEXURES ANNEXURE R2(A) TRUE COPY OF THE PRELIMINARY ENQUIRY REPORT DATED 06.06.2023.

ANNEXURE R2(B) TRUE COPY OF THE MEMO OF CHARGES DATED 24.06.2023 ISSUED BY THE 2ND RESPONDENT ON THE PETITIONER.