Kerala High Court
N. V. Sunil vs Kerala State Electricity Board Ltd on 11 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946
WP(C) NO. 30199 OF 2024
PETITIONER:
N. V. SUNIL
AGED 48 YEARS
S/O. VELUTHA,
ASSISTANT ENGINEER (ELECTRICAL),
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, CENTRAL,
ERNAKULAM - 682 018,
PERMANENTLY RESIDING AT NIKARTHIL,
EZHUPUNNA P.O., NEENDAKARA,
CHERTHALA AND NOW RESIDING AT FLAT NO. D7,
EXPRESS GARDENS, K. K. ROAD,
KALOOR P.O., ERNAKULAM,
PIN - 682 017.
BY ADVS.
S.SIMY
SHAMEENA SALAHUDHEEN
B.RAVISANKAR
ASTRID STEREENA MATHEW
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM,
PIN - 695 004.
2 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM,
PIN - 695 004.
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3 THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695 004.
4 THE CHIEF VIGILANCE OFFICER
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM,
PIN - 695 004.
5 THE CHIEF INTERNAL AUDITOR
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695 004.
6 THE DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL CIRCLE, ERNAKULAM,
PIN - 682 018.
7 THE EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL DIVISION, ERNAKULAM,
PIN - 682 018.
8 THE ENQUIRY OFFICER AND DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD LTD.,
CGRF - CR, KALAMASSERY, ERNAKULAM,
PIN - 683 503.
SRI. ANTONY MUKKATH - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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3
JUDGMENT
The petitioner is presently working as
Assistant Engineer (Electrical) in the Kerala State
Electricity Board Ltd. The petitioner was issued
with Ext.P3 memo of charges and statement of
allegations dated 30.08.2016. The Departmental
proceedings initiated culminated in Ext.P12 order
issued by the 3rd respondent whereby two annual
increments of the petitioner have been barred
without cumulative effect. Against Ext.P12 order,
the petitioner preferred Ext.P13 appeal. During the
pendency of the appeal, when steps were taken by
the 3rd respondent to effect recovery from the
petitioner, he approached this Court by filing W.P.
(C) No.15903 of 2024. By Ext.P14 judgment, this
Court directed the 2nd respondent, the appellate
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authority to consider and dispose of the appeal
expeditiously. Pursuant thereto, Ext.P17 order is
passed by the 2nd respondent rejecting the appeal.
Ext.P17 order is impugned in this writ petition.
2. The petitioner contends that Ext.P17 order
is passed by a person who never heard him.
According to the petitioner, he was heard by
Dr.Rajan N.Khobragade, the Chairman and the
Managing Director on 08.05.2024 and the said
incumbent was transferred from the said post as
per Ext.P16 on 22.05.2024 and the new incumbent
Sri.Biju Prabhakar took charge as the Chairman
and the Managing Director on 22.05.2024. Ext.P17
is dated 04.07.2024 and signed by the new
incumbent. Accordingly, the petitioner contends
that Ext.P17 order has been passed in violation of
the doctrine "he who heard must decide/he who
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decides must hear".
3. Heard the learned counsel for the
petitioner and Sri.Antony Mukkath, the learned
Standing Counsel for the respondents.
4. The doctrine "he who heard must
decide/he who decides must hear" applies to the
statutory authorities and their decisions. It is on
record that the petitioner was heard by the then
Chairman and Managing Director Dr.Rajan
N.Khobragade. However, Ext.P17 order was
passed by Sri.Biju Prabhakar, the new incumbent in
the post of the Chairman and the Managing
Director, who did not have the opportunity to hear
the petitioner.
5. Accordingly, Ext.P17 order is set aside
being vitiated by violation of the principles of
natural justice. The 2nd respondent shall consider
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Ext.P13 afresh and pass orders after affording an
opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within a
period of one month from the date of receipt of a
copy of this judgment.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
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APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 29/01/2014 IN WRIT
PETITION (CIVIL) NO. 2835/2014.
EXHIBIT P2 A TRUE COPY OF THE FINAL ORDER OF
ASSESSMENT DATED 28/02/2014 ISSUED BY THE
PETITIONER IN HIS CAPACITY AS ASSESSING
OFFICER UNDER SECTION 126 (3) OF THE ACT
OF 2003.
EXHIBIT P2(a) A TRUE COPY OF THE FINAL ORDER OF
ASSESSMENT DATED 02/09/2013 ISSUED BY THE
PETITIONER IN HIS CAPACITY AS ASSESSING
OFFICER UNDER SECTION 126 (3) OF THE ACT
OF 2003.
EXHIBIT P2(b) A TRUE COPY OF THE FINAL ORDER OF
ASSESSMENT DATED 04/11/2013 ISSUED BY THE
PETITIONER IN HIS CAPACITY AS ASSESSING
OFFICER UNDER SECTION 126 (3) OF THE ACT
OF 2003.
EXHIBIT P2(c) A TRUE COPY OF THE FINAL ORDER OF
ASSESSMENT DATED 27/01/2014 ISSUED BY THE
PETITIONER IN HIS CAPACITY AS ASSESSING
OFFICER UNDER SECTION 126 (3) OF THE ACT
OF 2003.
EXHIBIT P3 A TRUE COPY OF THE MEMO OF CHARGES AND
STATEMENT OF ALLEGATIONS DATED 30/08/2016
ISSUED BY THE 3 RD RESPONDENT TO THE
PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT ON
18/10/2016.
EXHIBIT P5 A TRUE COPY OF ORDER DATED 25/02/2017
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6 A TRUE COPY OF JUDGMENT OF THIS HON'BLE
COURT DATED 17/11/2017 IN WRIT PETITION
(CIVIL) NO. 21569 OF 2017.
EXHIBIT P6(a) A TRUE COPY OF ORDER NO. EBVS2/2/2015/262
DATED 14/05/2020 ISSUED BY THE 3RD
RESPONDENT.
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EXHIBIT P7 A TRUE COPY OF THE ADDITIONAL MEMO OF
CHARGES DATED 27/10/2020 ISSUED BY THE
ENQUIRY OFFICER TO THE PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED
24/03/2023 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE ENQUIRY REPORT DATED
30/07/2022 ALONG WITH SUPPLEMENTARY
ENQUIRY REPORT DATED 20/02/2023.
EXHIBIT P10 A TRUE COPY OF THE WRITTEN EXPLANATION OF
DEFENSE DATED 09/04/2023 SUBMITTED BY THE
PETITIONER AS AGAINST EXT.P8.
EXHIBIT P11 A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 8 TH
RESPONDENT, THE ENQUIRY OFFICER ON
27/12/2021.
EXHIBIT P12 A TRUE COPY OF THE ORDER NO.
EBVS.2/1/2015/602 DATED 16/12/2023 ISSUED
BY THE 3RD RESPONDENT.
EXHIBIT P13 A TRUE COPY OF THE STATUTORY APPEAL DATED
09/01/2024, SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P14 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 12/04/2024 IN WRIT
PETITION (CIVIL) NO. 15903 OF 2024.
EXHIBIT P15 A TRUE COPY OF THE COMMUNICATION DATED
02/05/2024 ISSUED BY THE 4TH RESPONDENT,
REGARDING THE HEARING SCHEDULED TO BE HELD
ON 08/05/2024 AT THE CHAMBER OF THE 2ND
RESPONDENT.
EXHIBIT P16 A TRUE COPY OF GO (RT) NO. 2272/2024/GAD
DATED 22/05/2024 ISSUED BY THE JOINT
SECRETARY TO THE GOVERNMENT, GENERAL
ADMINISTRATION (AIS A) DEPARTMENT.
EXHIBIT P17 A TRUE COPY OF ORDER NO. VIG/A1/100-
919/2013/3016 DATED 04/07/2024 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P18 A TRUE COPY OF RECOVERY NOTICE BEARING NO.
EB/DISCIPLINARY/2024-25/739 DATED
05/08/2024 ISSUED BY THE 7TH RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
