High Court of KeralaSingle JudgeExt.P2 set aside; Writ petition disposed; Compe...

Balachandran V. v. Kerala State Electricity Board Ltd.

Case / Petition Number:WP(C).No.4257 OF 2020(F)
Neutral Citation:null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.V.ASHA
Judgment Date
2020-03-09
Court Decision / Holding
Ext.P2 is set aside. The writ petition is disposed of. The court holds that the suspension order was issued without authority due to lack of demonstrated extension of pre-existing powers to KSEBL. It notes that competent authority can issue valid suspension orders under Regulation 10 if proper extension/delegation is proven in law. The court leaves open the possibility of issuing future orders in accordance with law after proper extension.
Final Disposition
Ext.P2 set aside; Writ petition disposed; Competent authority may issue orders under Regulation 10 with proper extension/delegation in law after corporate reorganization (KSEBL).

Parties to the Case

Appellants / Petitioners

  • Balachandran V.

Respondents

  • Kerala State Electricity Board Ltd.
  • The Chief Engineer(HRM)
  • The Executive Engineer, Electrical Section, Kerala State Electricity Board Ltd, Kalpetta

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. P. Nandakumar
  • • Adv.

Counsels for Respondents

  • • Sri. M.K. Thankappan, SC

Case Synopsis & Summary

Balachandran V., an Overseer in the Electrical Section of the Kerala State Electricity Board (KSEB), challenges Ext.P2, a suspension order dated 11.02.2020, on grounds that the Executive Engineer is not the appointing authority nor empowered to place him under suspension under Regulation 10 of the KSEB Employees' (Classification, Control & Appeal) Regulations, 1969. Ext.P1, the memo of charge, was issued on 29.01.2020, and Ext.P2 suspends him pending disciplinary proceedings. The respondents rely on Regulation 10(8) as amended by Ext.R3(h) and Appendix I, which authorize certain Board authorities, including Executive Engineers, to suspend employees; Ext.R3(i) (dated 18.11.1988) allegedly empowers the Executive Engineer to appoint and oversee subordinate cadres, thereby legitimizing the suspension. The core issue is the competency to suspend after KSEB was reconstituted as a Government Company (KSEBL). The petitioner argues that post-formation, Ext.R3(i) and related orders require separate extents; no material shows extension to KSEBL. The petitioner cites Commissioner of Land Revenue v. C.B. Preethi (2006 KHC 654) and State of Kerala v. Saseendran (2009 (2) KLT 482) to support the need for proper delegation. The court ultimately holds Ext.P2 to be invalid for lack of authority due to no demonstrated extension to KSEBL, disposing of the writ petition while noting that competent authorities may issue valid orders under Regulation 10 with proper extension. The decision underscores the necessity of express extension of old powers after corporate reorganization.”

Provisions of Law Cited

Regulation 10 of the Kerala State Electricity Board Employees' (Classification, Control & Appeal) Regulations, 1969Regulation 10(8) (as amended by Ext.R3(h))Appendix I to the RegulationsClause 2 of Appendix IExt.R3(i) order dated 18.11.1988Board Order No B.O, (FTD) NO.592/2019 (D&T) dated 27.7.2019 (Ext.R3 A)Kerala Civil Services (Classification, Control & Appeals) Rules, Rule 9 (and its Proviso)Kerala Civil Services (Classification, Control & Appeals) Rules (KCS(CC&A) Rules)

Legal Doctrines & Maxims

  • Doctrine of delegation of powers and its limits
  • Authority to suspend must be conferred by the appointing authority or an authority subordinate to it, and must be extended to the new corporate entity through express orders after reorganization
  • Continuity of delegated powers post-abolition or corporatisation requires express extension; otherwise suspension/appointment acts are invalid

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Ext.P2 suspends him by an Officer (Executive Engineer) who is not the competent appointing authority under Regulation 10 of the KSEB Regulations. With KSEB’s transformation into KSEBL, there is no proof of any separate extension of Ext.R3(i) or other orders to the new company. No material demonstrates continuity of the erstwhile orders after the reconstitution. Therefore, Ext.P2 lacks authority. He asserts that the matter should be decided only after proper extension/delegation is shown, citing the Division Bench decision in Commissioner of Land Revenue v. C.B.Preethi and the Full Bench decision in State of Kerala v. Saseendran. The case emphasizes the necessity for express lawfully delegated powers to suspend and appoint in the post-reorganization regime.

Contentions of Respondents

The respondents argue that Regulation 10, read with Ext.R3(h) (amendment inserting Clause 8 to Regulation 10) and Appendix I, empowers specified Board authorities to suspend; Clause 2 of Appendix I gives Executive Engineers power to suspend employees below the cadre of Sub Engineers and other lower posts. Ext.R3(i) (1988) authorizes appointment powers to the Executive Engineer, subject to rules. The Board contends that the 3rd respondent’s action falls within Regulation 10 and that the continuance of such powers post-KSEB to KSEBL is a matter of extension not proven in the record; they point to Ext.R3(g), Ext.R3(i), and the lack of documentary evidence extending these powers to KSEBL. They argue that suspension could be valid if proper extension is shown, and that the absence of such extension necessitated review of Ext.P2 by the Court.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Commissioner of Land Revenue and Others v. C.B.Preethi2006 KHC 654: 2006 (3) KLT 24PositiveUsed by the petitioner to support the proposition that delegation to the Board is not automatically sustainable post-reorganisation; the court adopts the principle of requiring express extension to KSEBL.
State of Kerala v. Saseendran2009 (2) KLT 482Mentioned OnlyReferenced by petitioner as a Full Bench authority; discussed but not central to the decision in the current case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941** ## **WP(C).No.4257 OF 2020(F)** ## **PETITIONER:** **BALACHANDRAN V., AGED 51 YEARS S/O.V.C.BALAN, OVERSEER(UNDER SUSPENSION), ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD, KALPETTA, WAYANAD-673121 RESIDING AT SREELAKOM, NEAR SAI MADOM, KALPETTA, WAYANAD-673121** **BY ADV. SRI.P.NANDAKUMAR** ## **RESPONDENTS:** - **1 KERALA STATE ELECTRICITY BOARD LTD. VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR** - **2 THE CHIEF ENGINEER(HRM), VYDYTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004** - **3 THE EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD, KALPETA, WAYANAD-673121** ## **BY SRI.M.K.THANKAPPAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.4257 OF 2020(F)** 2 ## **J U D G M E N T** Petitioner challenges Ext.P2 order dated 11.02.2020 by which he was placed under suspension. According to the petitioner, the Executive Engineer is not the appointing authority or an authority competent to place him under suspension. The petitioner is an Overseer working at Electrical Section. It is stated that he was appointed by the Chief Engineer (HRM). Ext.P1 memo of charge was already issued on 29.01.2020. As the only question which arises in this case is the competency of the Executive Engineer to place the petitioner under suspension, it is not necessary for me to go into the seriousness or otherwise of the allegations raised in the memo of charges. 2. The respondents have filed a counter affidavit explaining the circumstances under which memo of charge as well as Ext.P2 order of suspension **WP(C).No.4257 OF 2020(F)** **==> picture [7 x 7] intentionally omitted <==** was issued. According to the respondents, under Regulation 10 (8) of R3(g) Regulations-Kerala State Electricity Board Employees' (Classification, Control & Appeal) Regulations, 1969, ('Regulations' for short) the Board has empowered the authorities mentioned in Appendix I to exercise the power of suspension as per Regulation 10. 3. Regulation 10 provides that “ _the appointing authority or any authority to which it is subordinate or any other authority empowered by the Board in that behalf may, at any time place a Board employee under suspension, where a disciplinary proceedings against him is contemplated or is pending_ ”. By way of amendment to the Regulations as per Ext.R3(h) dated 30.05.1970, Clause 8 to Regulation 10 was inserted under which the Board empowered the authorities mentioned in Appendix I to the Regulations also to exercise the powers of suspension as per Regulation 10. Appendix I was also inserted to these Regulations **WP(C).No.4257 OF 2020(F)** 4 by which the Board authorised the officers mentioned therein also, in addition to those mentioned in Regulation 10, to exercise the powers of suspension. Under Clause 2 thereof Executive Engineers are empowered to suspend employees of and below the rank of 2[nd] Grade Overseers and Lower Division Clerks including Cashiers. Thereafter as per Ext.R3(i) order dated 18.11.1988 the Executive Engineer is empowered to appoint, subject to rules, all categories of employees below the cadre of Sub Engineers and Senior Assistants against sanctioned posts within the Division. Respondents have also stated that as per Ext.R3(i) Board Order appointing authority in respect of Overseer is Assistant Executive Engineer, who is subordinate to Executive Engineer and therefore the action taken is perfectly under Regulation 10. 4. The contention of the learned counsel for the petitioner is that after the KSEB was taken over and is constituted as a Government Company as KSEBL the **WP(C).No.4257 OF 2020(F)** 5 orders like Ext.R3(i) would not continue to be in force, in the absence of a separate order extending its applicability to KSEBL and therefore the 3[rd] respondent is not competent to place the petitioner under Suspension under Rule 10 of the KSEB Employees' (Classification, Control & Appeal) Regulations, 1969 and therefore the order Ext.P2 is without authority. 5. The respondents have not stated whether the Board of Directors have issued any order extending the applicability of Ext.R3(i) to KSEBL or that any other order was issued extending the applicability of all the orders which were applicable to the employees of erstwhile KSEB, which empowers the Executive Engineer to place an Overseer under the KSEBL under suspension. 6. Even though the learned counsel for the respondents submitted that all the orders which where in force under the erstwhile KSEB will continue to be in force after the formation of the Company-KSEBL **WP(C).No.4257 OF 2020(F)** 6 also, no material is produced to that effect and there is no such statement also in the statement. 7. Learned counsel for the petitioner relied on the Division Bench judgment of this Court in **Commissioner of Land Revenue and Others v. C.B.Preethi** [2006 KHC 654: 2006 (3) KLT 24] and The learned counsel for the petitioner also relied on the Full Bench in the judgment in **State of Kerala v. Saseendran** [2009 (2) KLT 482] . 8. According to the learned Counsel for the petitioner separate orders are necessary to exercise the power to appoint as well as to suspend, when the KSEBL was formed. In **Preethi** 's case (supra) the Division Bench was considering a case where a UD Clerk was placed under suspension by the Deputy Commissioner of Land Revenue. As per Rule 9 of the Kerala Civil Services (Classification, Control and Appeals) Rules all appointments to State and **WP(C).No.4257 OF 2020(F)** 7 subordinate Services shall be made by the Government. Under the Proviso to Rule 9 Government may, by general or special orders or rules, delegate the power to make such appointments to any other authority. Government had delegated the power to appoint to the Board of Revenue. It was found that when the Board of Revenue was abolished, Secretary of that Board ceased to exist and therefore that delegation ceased to exist. Suspension is governed by Rule KCS(CC&A) Rules. Under Rule 10 of KCS(CC&A) Rules the power to place an officer under suspension is conferred on the appointing authority or any other authority to which it is subordinate. It was held that as the Deputy Commissioner cannot be a subordinate to Government, the suspension was without authority. 9. In the present case though the respondents have produced Ext.R3(g) order issued in 1970 authorizing the Executive Engineer to suspend Overseer Grade II and Ext.R3(i) order conferring power on **WP(C).No.4257 OF 2020(F)** 8 Executive Engineer to appoint of and below Sub Engineers, it is not stated whether the Kerala state Electricity Board Limited has issued any orders extending the applicability of those orders to KSEBL i.e., after the KSEB became a Company- KSEBL. In the absence of such materials, I am of the view that the order of suspension is issued without authority, in the light of the judgment in **Preethi** 's case (supra). Therefore, Ext.P2 is set aside. This will not prevent the competent authority among the respondents from issuing orders in accordance with law under Regulation 10. The writ petition is disposed of accordingly. Sd/- **P.V.ASHA, JUDGE.** AS **WP(C).No.4257 OF 2020(F)** 9 ## **APPENDIX** **PETITIONER'S EXHIBITS:** - **EXHIBIT P1** **TRUE COPY OF MEMO OF CHARGE DATED 29.01.2020 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P2 TRUE COPY OF ORDER DATED 11.02.2020 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P3** - **TRUE COPY OF REPRESENTATION DATED 11.02.2020 SUBMITTED BEFORE THE FIRST RESPONDENT** ## **RESPONDENTS' EXHIBITS:** - **EXHIBIT R3 A TRUE COPY OF THE BOARD ORDER NO B.O, (FTD) NO.592/2019 (D&T) D6-AE4 TC CONTED 2019-20 DATED 27.7.2019.** - **EXHIBIT R3 B TRUE COPY OF THE SITE MAHASAR OF CONSUMER NO.39889 OF NAZAR, S/O MOYTHEEN, PARAYIL (H, KALPETTA.** - **EXHIBIT R3 C TRUE COPY OF THE SITE MAHASAR OF CONSUMER NO.39809 OF SRI.SHIBU, CHOLAPPURAM, PINANGODU.** - **EXHIBIT R3 D TRUE COPY OF THE SITE MAHASAR OF CONSUMER NO.39813 OF SMT.RASHGEEDA THATTARATHODIYIL, RATTAKOLLY, KALPETTA.** - **EXHIBIT R3 E TRUE COPY OF THE SITE MAHASAR OF CONSUMER NO.39854 OF SMT.BINDHYA, OLIPPARAMBIL VADOTH, MANIYAMCODE.** - **EXHIBIT R3 F TRUE COPY OF THE DIRECTION DATED 30.1.2020 BY THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE KALPETTA.** - **EXHIBIT R3 G TRUE COPY OF THE RELEVANT PAGE NOS. 1 TO 5 OF KSEB EMPLOYEES (CLASSIFICATION, CONTROL & APPEAL) REGULATIONS.** **WP(C).No.4257 OF 2020(F)** 10 |**EXHIBIT R3**|**H**|**TRUE COPY OF THE BOARD ORDER**| |---|---|---| |||**R.DIS.5274/70 DATED ,**| |||**THIRUVANANTHAPURAM 30.5.1970.**| |**EXHIBIT R3**|**I**|**TRUE COPY OF THE BOARD ORDER NO**| |||**TC2(B)-114/88 DATED,**| |||**THIRUVANANTHAPURAM 16.11.1988**|