Kerala High Court
Ram Mohan.M.R vs Kerala State Eletricity Board Ltd on 12 February, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
WP(C).No.3091 OF 2020(J)
PETITIONER:
RAM MOHAN.M.R.,
AGED 56 YEARS,
SUB ENGINEER (RETD), KSEB LTD.,
RESIDING AT MAKKAPATHALIL,VENKURINJI.P.O,
PATHANAMTHITTA DISTRICT, PIN-686510.
BY ADVS.
SRI.P.M.MOHAMMED SHIRAZ
SRI.A.B.M.HAMDULLAH SAYEED
RESPONDENTS:
1 KERALA STATE ELETRICITY BOARD LTD.,
REPRESENTED BY ITS'S SECRETARY(ADMINISTRATION),
VYDYUTHI BHAVAN, PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
2 THE CHAIRMAN,
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVAN,PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
3 THE CHIEF VIGILANCE OFFICER,
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVAN, PATTOM.P.O,
THIRUVANATHAPURAM-695004.
4 THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD,
GENERATION CIRCLE, MUZHIYAR,PATHANAMTHITTA-689662.
5 THE ACCOUNTS OFFICER-PENSION AUTHORISATION.
KERALA STATE ELECTRICITY BOARD LTD,
VYDYUTHI BHAVAN, PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
BY ADV. SRI.M.K.THANKAPPAN,SC,KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.3091 OF 2020
2
JUDGMENT
The petitioner, who retired from service on 31.08.2019 while working as a Sub Engineer, is aggrieved by the denial of full pension and terminal benefits.
2. It is pointed out that disciplinary proceedings were initiated against the petitioner on the basis of Ext.P1 memo of charge alleging that the petitioner demolished the gate and threatened to do away his neighbour. It was stated that the police has registered a crime against him and his brother under Sections 47, 427, 506(II), 317 read with Section 34 of IPC based on the complaint of their neighbour. It is submitted that Ext.P1 memo of charge was issued on the basis of the complaint submitted by the neighbour before the respondents. Though the petitioner submitted his explanation, an enquiry officer was appointed for a detailed enquiry. The neighbour, who submitted the complaint, did not appear before the enquiry officer. The enquiry W.P.(C).No.3091 OF 2020 3 officer submitted a report, finding that the petitioner is not guilty of the charges. Accepting the findings in the report the Deputy Chief Engineer
- the 4th respondent issued Ext.P2 order dropping the disciplinary proceedings. However the Chief Vigilance Officer issued Ext.P3 letter informing the 4th respondent that the Chairman and Managing Director has directed the Deputy Chief Engineer to quash the final order and to keep the disciplinary action pending till the criminal case is over. On the basis of the said direction, the 4th respondent issued Ext.P4 order on 19.06.2019 cancelling Ext.P2 proceedings.
3. Petitioner retired from service on 31.08.2019. He is not granted full pension and terminal benefits since the disciplinary proceedings are kept pending. As per Ext.P6 order dated 11.12.2019, 50% of the pension is sanctioned to petitioner as provisional pension. He has also been granted the gratuity amount. It was stated that the balance pensionary benefits would be sanctioned and W.P.(C).No.3091 OF 2020 4 authorised only after Vigilance clearance. The petitioner has filed this writ petition aggrieved by the denial of full pension and commuted value of pension and challenging Ext.P4 order.
3. According to the petitioner, the criminal case is not one which has any relation with the service rendered by him under the Electricity Board. Therefore the proceedings cancelling the order Ext.P2 and keeping the disciplinary proceedings pending and the denial of terminal benefits to him, is without any justification.
4. Even though the learned Standing Counsel was directed to get instructions as to the provisions under which Ext.P4 order was passed in the case of the petitioner, no instructions are furnished and no provision is pointed out in support of the novel procedure adopted by the respondents.
5. Just because a criminal case is pending against the petitioner on the basis of a private complaint, that too on a dispute with a neighbour, the respondents can not revive the disciplinary W.P.(C).No.3091 OF 2020 5 proceedings and deny him the pensionary benefits.
6. In this case an enquiry was conducted and the disciplinary authority had already arrived at a conclusion in Ext.P2 dropping the disciplinary proceedings, seeing that there is no basis for the allegations. Just because the 2nd respondent is superior to 4th respondent, he does not have any authority to issue orders in this manner directing the 4th respondent - the disciplinary authority to set aside the final order and keep the disciplinary proceedings pending even if criminal proceedings are pending. The action of the 2nd respondent in issuing such directions and the action of the 4th respondent in issuing Ext.P4 order, though in obedience to the orders of 2nd respondent are not seen supported by any rules. The respondents can act only in accordance with the provisions contained in KSEB Employees (Classification, Control and Appeal) Regulations, 1969. There is no provision under those regulations, which confer power on the 2nd respondent to issue such directions as stated in W.P.(C).No.3091 OF 2020 6 Ext.P3 proceedings suo motu, and for the 4th respondent to cancel the final order passed by him. The power if any conferred on the appellate or revisional authorities can be exercised only in the manner provided in the Regulations or else it would be null and void.
Accordingly, Ext.P4 order and the directions stated to have been issued by the
Chairman and Managing Director referred to in Ext.P3 and Ext.P4 shall stand set aside. The terminal benefits due to petitioner shall be disbursed within a period of six weeks from the date of receipt of a copy of the judgment.
Accordingly, the writ petition is disposed of.
Sd/-
P.V.ASHA JUDGE ww W.P.(C).No.3091 OF 2020 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF MEMO OF CHARGES NO.GB1/ RM/2014-15/412 DATED 13/08/2014.
EXHIBIT P2 TRUE PHOTOCOPY OF ORDER DATED 03/05/2019 OF THE 4TH RESPONDENT.
EXHIBIT P3 TRUE PHOTOCOPY OF LETTER NO.VIG/B6/100- 414/2014/1008 DATED 29/05/2019 OF THE CHIEF VIGILANCE OFFICER.
EXHIBIT P4 TRUE PHOTOCOPY OF ORDER NO.GB1/DA/RM-
GCM/19-20/218 DATED 19/06/2019 OF 4TH RESPONDENT.
EXHIBIT P5 TRUE PHOTCOPY OF NOTE NO.VIG/B6/414/2014 ISSUED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P6 TRUE PHOTOCOPY OF ORDER NO.PA 1/PPO NO.
45011/1 DATED 11/12/2019 OF THE ACCOUNTS OFFICER.