IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18509 of 2009(G)
1. P.N.SASIDHARAN, PLOT NO.50,
... Petitioner
Vs
1. KERALA STATE HOUSING BOARD,
... Respondent
2. THE SECRETARY, KERALA STATE HOUSING
For Petitioner :SRI.B.MANIMOHAN
For Respondent :SRI.A.JAYASANKAR, SC KSHB, TVM
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :14/01/2010
O R D E R
K.SURENDRA MOHAN, J
...........................................
WP(C).NO. 18509 OF 2009
............................................
DATED THIS THE 14TH DAY OF JANUARY, 2010
JUDGMENT
The petitioner is a retired Executive Engineer from the Thrissur
Division of the first respondent, KSHB. When he was an Executive
Engineer at Palakkad Division office, he was issued a memo of charges
dated 7.2.2003 alleging that he had failed to submit revised estimate
rates for approval as per the PWD manual, in respect of one of the
schemes that was being implemented. Thereby, it was alleged that he
had caused financial loss to the Board. The complaint of the petitioner
is that after more than four years of his submitting his defence
statement and long after his retirement, the disciplinary proceedings
were continued. Finally, as per Ext.P10 dated 6.4.2009, a penalty of
Censure was imposed on him under Rule 11 of the Kerala Civil Service
(Classification, Control and Appeal) Rules, 1960. The said
proceedings are under challenge in this writ petition.
2. The issue raised is squarely covered by the dictum of this
court in Xavier V. KSEB(1979 KLT 80), wherein it has been held that
Wpc 18509/09 2
imposition of punishment on an employee after his retirement and after
ceasing of the master-servant relationship is unsustainable and
unfounded. In view of the above decision, Ext.P10 is unsustainable and
the same is accordingly quashed. The writ petition is accordingly
allowed. No costs.
K.SURENDRA MOHAN, JUDGE
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