Tony Joseph vs K.S.E.B. And Others on 7 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18904 of 2009(G)



1. TONY JOSEPH
                      ...  Petitioner

                        Vs

1. K.S.E.B. AND OTHERS
                       ...       Respondent

                For Petitioner  :SRI.B.S.SWATHY KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :07/07/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                      -------------------------------------
                       W.P.(C)No.18904 of 2009
                      --------------------------------------
                           Dated 7th July, 2009

                                JUDGMENT

Heard Sri.Swathi Kumar, the learned counsel appearing

for the petitioner and Sri.K.S.Anil, the learned Standing Counsel

appearing for the Kerala State Electricity Board.

2. In this writ petition, the petitioner challenges Ext.P3

order dated 18.12.2008 passed by the second respondent removing

him from service with effect from 10.12.2005, the date from which he

was unauthorisedly absent. Under the regulations governing the

service conditions of the petitioner an appeal lies from Ext.P3 to the

Board. The period of limitation prescribed for filing such appeal is two

months from the date on which the order impugned is served on the

employee. Ext.P3 was admittedly served on the petitioner on

8.1.2009. Therefore, the period of limitation has expired. However,

since the order impugned in this writ petition is one removing the

petitioner from service, I am of the opinion that the appellate authority

should, if the petitioner files an appeal within two weeks from today,

entertain the appeal as one filed within time, consider the same on the

merits and pass orders thereon, after affording the petitioner a

reasonable opportunity of being heard.

WP(C).No18904/200. 2

I accordingly dispose of this writ petition with the direction

that in the event of the petitioner filing an appeal within two weeks

from today before the Kerala State Electricity Board challenging

Ext.P3, the Board shall consider the same and pass orders thereon

expeditiously and in any event within six months from today. Needless

to say the petitioner shall also be afforded a reasonable opportunity of

being heard in the matter. The Board shall after orders are passed as

directed above communicate a copy thereof to the petitioner.

P.N.RAVINDRAN
Judge

TKS