High Court Kerala High Court

Kerala State Electricity Board vs Ayyappan Adichan on 7 August, 2008

Kerala High Court
Kerala State Electricity Board vs Ayyappan Adichan on 7 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1625 of 2008()


1. KERALA STATE ELECTRICITY BOARD
                      ...  Petitioner

                        Vs



1. AYYAPPAN ADICHAN, 57 YEARS,
                       ...       Respondent

                For Petitioner  :SRI. ASOK M.CHERIYAN, SC, KSEB

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :07/08/2008

 O R D E R
WA 1625/08                                1

              J.B. KOSHY & K.P. BALACHANDRAN, JJ.
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                       Writ Appeal No 1625 of 2008
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                      Dated this the 7th August 2008

                                  JUDGMENT

Koshy, J.

Writ petitioner, who belongs to Scheduled Tribe community,

was engaged as CLR worker in the Electricity Board. He was

regularised as an electricity worker with effect from 01.02.1971.

While continuing in service, on the basis of a complaint he was

served with Ext P1 memo of charges stating that he secured

employment in the K.S.E. Board impersonating his uncle and it was

his uncle who was entitled to be engaged as CLR worker on the

basis of the earlier services. Writ petitioner submitted his objections

and departmental enquiry was conducted. Enquiry Officer found that

that impersonation was not established and misconduct was not

proved. Accordingly further disciplinary proceedings were dropped.

Writ petitioner retired from service on 31.10.2003, but just before his

retirement a show cause notice was issued by the Chief Engineer for

reopening the findings of the enquiry officer and reconsidering the

punishment and finally Chairman passed an order removing him from

WA 1625/08 2

service so that he can be denied of all the retirement benefits. Writ

petitioner approached this court contending that the Chairman has no

power to interfere with the disciplinary action already taken and

concluded. The power of review vests only with the Board. A

Division Bench of this court accepted the above contention and set

aside the action taken against him. Thereafter the Board passed the

impugned order. The Board can review the order only after

compliance with the procedure and in this case no such procedure

was complied with. The original complainant also died. Writ

petitioner had worked till his date of superannuation and he had

retired from service. In these circumstances, without complying with

the procedure Ext P9 without any valid order passed by the Board

was quashed by the learned single judge. We fully agree with the

reasoning of the learned single judge and the appeal is dismissed.

Sd/-

J.B.KOSHY
Judge

Sd/-

K.P. BALACHANDRAN
Judge
07/08/2008
en
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