Saji V.N vs Ajith Ramachandran
2023 Latest Caselaw 3783 Ker

COC No.186 of 2023                       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
          THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                           CON.CASE(C) NO. 186 OF 2023
     AGAINST THE JUDGMENT IN WP(C) 2507/2020 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN THE WRIT PETITION:

                SAJI V.N
                AGED 50 YEARS
                S/O. NARAYANAN, RESIDING AT VELIYAMKUNNATHU, KULAMAVU,
                IDUKKI DISTRICT -, PIN - 685601
                BY ADV SAJIV.C.K.


RESPONDENTS/RESPONDENT NO.2 IN THE WRIT PETITION:

                AJITH RAMACHANDRAN
                AGED 53 YEARS
                THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, SECRETARIAT,
                THIRUVANANTHAPURAM - 695 001
                BY ADV.
                SRI.K.V.MANOJ KUMAR, SENIOR GOVERNMENT PLEADER




       THIS     CONTEMPT   OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 COC No.186 of 2023                            2




                                       JUDGMENT

Dated this the 30th day of March, 2023

S.MANIKUMAR, CJ.

On 16th February, 2023, we passed the following order:

"While disposing of W.P.(C) No.2507/2020, we ordered thus:

"Accordingly, the writ petition is disposed of recording that the State and Officials have already taken action in the subject issues raised by the petitioner and in view of the pendency of the matter for long, we direct the second respondent to finalise the enquiry and take appropriate action in accordance with law, within two months from the date of receipt of a copy of this judgment against the persons involved in the alleged irregularities, if not already taken."

2.Alleging intentional violation of the directions issued in the judgment dated 17.06.2022 in W.P.(C)No.2507 of 2020, the instant contempt case is filed. Learned Senior Government Pleader Sri.K.P.Harish takes notice on behalf of the respondent.

Respondent is directed to file counter affidavit within tw weeks. Post after two weeks."

2. On the basis of the instructions dated 28.3.2023 from the office of the Chief

Engineer, Public Works Department, Thiruvananthapuram - Mr.K.V.Manoj Kumar,

learned Senior Government Pleader, submitted that based on the complaint received

from Sri.Saji V.N. - the petitioner, as part of the disciplinary action against the officials,

who committed irregularities in the road restoration works carried out by Public Works

Department in Idukki district following the flood calamity during August - 2018, a charge

sheet was issued at the Government level vide Government Indictment No.F1/186/2019

dated 13.10.2020 against Smt. P.K.Rema, Executive Engineer, Sri.Jose.T.V, Assistant

Executive Engineer, Sri.Leenu K.J., Assistant Executive Engineer, and Sri.Rajesh G. Nair,

Assistant Engineer and the counter affidavit of employees to the same has been

submitted to the Government.

3. It is also submitted that subsequently, vide G.O.(Rt) No.435/2022/PWD dated

9.4.2022, the Govemment has appointed Smt.T.S. Sujarani - the Superintending

Engineer, Judicial Buildings Circle, Emakulam, as an Inquiry Officer to investigate the

disciplinary action and submit a report. Based on the report that the Government has

incurred a financial loss in the matter, and an instruction has been received from the

Govemment to collect the loss amount of Rs.8,03,003/- from the Contractor. As such,

loss has been recovered by the Executive Engineer, Roads division, Idukki from the

works listed below.

1. FD 2018-2019 - Urgent slip removal in Neyyassery - Thokkumbansadle road

-chainage- 19/800-23/500 & Chelachuvadu - Vannappuram road-19/900-22/500- Rs. 1,71,494/-

2. FD 2018-19 Removal of slipped earth in various roads under Roads Section, Karimannor - Rs. 1,71,674/-

3.F.D 2018-19 Urgent removal of slipped earth in Chelachuvad - Vannappuram road Neyyassery Thokkumbansadle road Chattamattam Mullaringadu road,

Thattakuzha Cheppukkulam road and various road under Roads Section Karimaninoor-Rs.2,14,172/-

4. Removal of slipped earth - Moolamattam - Pullikkanam road chainage 9/500

- Rs.54,994/-

5. Traffic restoration at punched stretch for connectivity at Chelachuvadu Periyar road km. 3/700- Rs.1,31,616/-

6. Traffic restoration at punched stretch for connectivity at Chelachuvadu - Periyar road km. 3/000 Rs.1.14,047/-

4. It is also submitted by the learned Senior Government Pleader that on

examining the details submitted by Executive Engineer, Rs. 1,14,017/- has been charged

instead of Rs. 1,14,047/- as per S.l. No 6, hence, a total loss of Rs. 8,02,973/- has been

recovered; It was informed to the Government vide letter No.CEPWD/111907/2020-

Vig5-AD dated 13.1.2022 of the Chief Engineer, Public Works Department

Administration, that due to the non-co-operation of the Contractor in Sl.No.4 work,

payment was not made for the work, for which, the amount was due and the bill for the

said work could not be duly submitted to the treasury or the amount collected.

5. It is further submitted that on 17/06/2022, this Court disposed of W.P.© No.

2507 of 2020 filed by the complainant/petitioner herein and vide jugment dated

17.6.2022, this Court directed the Chief Engineer, Public Works Department,

Thiruvananthapuram - the 2nd respondent therein, to complete the investigation

against the officials and take appropriate action within two months from the date of

receipt of a copy of the judgment and the copy of the judgment has been submitted to

the Government for further actions, since the investigation report has already been

submitted to the Government by the Investigating Officer viz., Smt. T.S. Sujarani - the

Superintending Engineer, Judicial Buildings Circle, Emakulam.

6. It is further submitted that vide Government Order No.G.O.(Rt.)

No.216/2023/PWD dated 24.2.2023, disciplinary action is initiated by the Government as

per KSR Rule 11(i)& (iii), against the officials viz., Smt.P.K Rema, Executive Engineer,

Sri.Jose. T.V., Assistant Executive Engineer, Sri. Leenu K.J., Assistant Executive Engineer,

and Sri Rajesh G Nair, Assistant Engineer and the samewas finalized by holding two

annual increments without cumulative effect for two years.

7. In this context, learned Senior Government Pleader submitted that the

competent authority for taking disciplinary action is the Government as the officials

involved are above the rank of Assistant Engineer and Chief Engineer, who have no role

in finalizing the disciplinary action, not being the competent authority.

8. Learned Senior Government Pleader further submitted that an affidavit is also

filed by the Chief Engineer, Public Works Department, Thiruvananthapuram, by way of

bench mark.

9. Submission of the learned Senior Government Pleader is placed on record.

Registry is directed to put up the affidavit filed by the Chief Engineer, by way of bench

mark.

Placing on record the submission of the learned Senior Government Pleader, we

are of the view that nothing survives in this contempt case for further adjudication.

Accordingly, instant contempt case is closed.

Sd/-

S.MANIKUMAR, CHIEF JUSTICE

Sd/-

                                                SHAJI P. CHALY,
smv                                                 JUDGE





                     APPENDIX OF CON.CASE(C) 186/2023

PETITIONER'S ANNEXURES
Memo of Charges          MEMO OF CHARGES
Annexure 1               THE CERTIFIED COPY OF THE SAID JUDGMENT DATED
                         17/6/2022 THUS PASSED BY THIS HON'BLE COURT IN
                         W.P.(C).NO. 2507 OF 2020