C.N. Vijayan v. Kerala State Electricity Board
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. V. Kunhikrishnan
- Judgment Date
- 2024-03-19
- Court Decision / Holding
- Ext.P12 is set aside. The 2nd respondent is directed to reconsider the matter after following the procedures in Ext.P11 and after giving an opportunity of hearing to the petitioner, within four months from receipt of a certified copy of the judgment.
- Final Disposition
- Writ petition disposed of with directions.
Parties to the Case
Appellants / Petitioners
- C.N. Vijayan
Respondents
- Kerala State Electricity Board represented by its Secretary
- Chief Engineer (HRM) KSEB
- Deputy Chief Engineer, O/O Deputy Chief Engineer, KSEB
- Executive Engineer, Electrical Division, KSEB, Punalur
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. Manoj Ramaswamy
Counsels for Respondents
- • Sri.K.S. Anil, SC, KSEB
- • Sri.M.K.Thankappan, SC, KSEB
- • Dr. Thushara James, SC, KSEB
Case Synopsis & Summary
This writ petition challenges a liability imposed on the petitioner for Rs. 3,38,568/- for alleged shortages in materials and CF lamps, as per Exts. P8 and P12. The petitioner, a retired Assistant Engineer of KSEB, contends that Ext. P12 was issued without placing his case before the MASA liabilities committee as directed by Ext. P11. He alleges Exts. P5 and P7 proceedings are unfounded and that inventory reports relied upon were incorrect; he had argued his case with detailed submissions (Exts. P9 and the argument note) and evidence. Ext. P11 indicated that the case would be placed before the MASA committee, but Ext. P12 was passed without doing so, allegedly due to delays and contempt proceedings. The respondents counter that delays stemmed from the committee’s slow formation and operation, and that Ext. P9 represented a correct assessment based on material facts. The court, after examining Ext. P12, held that despite delays, the petitioner’s grievance warranted adherence to Ext. P11’s procedures and that Ext. P12 must be set aside. It directed the 2nd respondent to reconsider the matter following Ext. P11’s procedures, grant the petitioner an opportunity to be heard, and complete the reconsideration within four months, disposing of the petition with these directions.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner argues that Ext.P12 was issued without placing his case before the MASA liabilities committee as directed by Ext.P11, and relies on Exts. P5, P7, P9, and the petitioner’s submissions to contend that the liability was determined on basis of incomplete or incorrect inventory reports. He contends he was not given a hearing or the opportunity to present full material before finalization (Ext.P12), and that Ext.P11 mandates reconsideration by the committee before any final order. He seeks quashing Ext.P12 and directing reconsideration with due process, including hearing, as expeditiously as possible.
Contentions of Respondents
The respondents submit that delays were due to the natural slow formation and functioning of the MASA committee and that the decision to fix liability was made based on existing material (Ext. P9) and was otherwise correct. They argue that the committee’s full operation was hindered by contempt proceedings but that the finalization of liability did not warrant quashing Ext. P12. They urge the petition be dismissed or the relief limited to allowing the committee to proceed with due consideration and adherence to procedures once formed.
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