High Court Kerala High Court

Bharath Sanchar Nigam Ltd vs Deputy Chief Engineer on 27 March, 2008

Kerala High Court
Bharath Sanchar Nigam Ltd vs Deputy Chief Engineer on 27 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 766 of 2008(N)


1. BHARATH SANCHAR NIGAM LTD.,
                      ...  Petitioner

                        Vs



1. DEPUTY CHIEF ENGINEER,
                       ...       Respondent

2. ASSISTANT ENGINEER,

3. ASSISTANT EXECUTIVE ENGINEER,

                For Petitioner  :SRI.C.S.RAMANATHAN

                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :27/03/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                       W.P(C).No.766 OF 2008
                  -------------------------------------------
              Dated this the 27th day of March, 2008


                              JUDGMENT

Petitioner is the BSNL. Anti Power Theft Squad of the

Kerala State Electricity Board inspected the Telephone

Exchange. It is stated that the Board authorities recorded that

one of the three phases is not working. It was treated as a case

under Section 126. Petitioner filed an appeal invoking Section

127. The Deputy Chief Engineer has dismissed it unfortunately

stating no reasons. The case in hand requires that the petitioner

is given an opportunity of hearing and if the decision is against

the interest of the petitioner, the Deputy Chief Engineer has to

state reasons thereof so that such decision can be subjected to

judicial review. For the aforesaid reasons, Ext.P9 is quashed and

the writ petition is disposed of directing that the petitioner will

appear or cause appearance before the Deputy Chief Engineer

on 29.4.2008 for listing and consideration of its appeal in

accordance with law.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.