IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2309 of 2006()
1. ISSAC VARGHESE,
... Petitioner
Vs
1. THE CHAIRMAN,
... Respondent
2. THE SECRETARY,
3. THE CHIEF ENGINEER (HRM),
4. THE DEPUTY CHIEF ENGINEER,
5. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.P.ALI
For Respondent : No Appearance
The Hon'ble MR. Justice M.RAMACHANDRAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :07/12/2006
O R D E R
(M.RAMACHANDRAN & A.K.BASHEER, JJ)
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Writ Appeal No. 2309 of 2006
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Dated this the 7th day of December, 2006
JUDGMENT
Ramachandran, J:
Appellant was the petitioner in W.P.(C).No.27953 of 2005.
Feeling aggrieved about the judgment dated 27-09-2006, this
appeal has come to be filed.
2. A minor penalty had been imposed on the
appellant/petitioner, who was working as Executive Engineer
under the Kerala State Electricity Board. There was also a
proposal for recovery of Rs.11,137/- being the proportionate
amount of loss sustained by the Board. The learned single Judge
found that in the matter of recovery, legal formalities have not
been complied with and thereupon had remitted the matter for
being considered afresh.
3. Mr.P.Ali, appearing for the appellant, submits that in
the matter of penalty as well it may be possible for the appellant
to bring in fresh materials and a reconsideration at the
appropriate level is therefore warranted.
4. We had heard the learned standing counsel for the
Kerala State Electricity Board. He submits that the entire
[WA No.2309 of 2006] -2-
matter viz., the issue relating to the recovery as well as the
imposition of penalty will be considered by the appropriate
authority, in case a representation is filed within one month from
today.
Recording the submission of the standing counsel for the
Board, this writ appeal is closed.
(M.RAMACHANDRAN)
JUDGE
(A.K.BASHEER)
JUDGE
mks/