IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 20283 of 2007(M)
1. SAJ FLIGHT SERVICES (P) LTD.,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE EXECUTIVE ENGINEER,
3. THE EXECUTIVE ENGINEER,
4. THE ASSISTANT ENGINEER,
5. THE DEPUTY CHIEF ENGINEER,
6. DEPUTY CHIEF ENGINEER,
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :03/07/2007
O R D E R
C.N.RAMACHANDRAN NAIR,J
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W.P.(C) NO.20283 of 2007
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Dated this the 3rd day of July, 2007
JUDGMENT
The petitioner’s grievance is that the Deputy Chief Engineer
disposed of their appeal against the penal interest through a
single line order. Unless the order is supported by reasons, the
petitioner will not be able to challenge the same. I find force in
this contention because an appellate authority is bound to
consider the grounds raised against the disputed bill and the
reasons for rejecting the appeal. In fact even the findings in the
mahazar are not referred to by the Deputy Chief Engineer. In the
circumstances, Ext.P10 is vacated with a direction to the 5th
respondent to restore the appeal on file and go through the
mahazar and other observations recorded by them and to
consider the penal bill with reference to rules and regulations and
the grounds raised by the petitioner. The petitioner will be given
an opportunity of being heard before final orders are issued. 5th
W.P.(C)NO.20283/2007 :2:
respondent is directed to dispose of appeal through a detailed
speaking order within a period of one month from the date of
production of a copy of this order.
The writ petition is disposed of.
C.N.RAMACHANDRAN NAIR,
JUDGE
css/
W.P.(C)NO.20283/2007 :3:
W.P.(C)NO.20283/2007 :4: