High Court of KeralaDivision Bench2022-08-01Disposed of

W.P.(C) Nos. 13862 & 14004 of 2022

Case / Petition Number:W.P.(C) Nos. 13862 & 14004 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: S. Manikumar
Shaji P. Chaly
Judgment Date: 2022-08-01
Court Decision / Holding: Writ petitions disposed of. The court records the Board’s statement dated 30.05.2022 that actions have already been initiated against the erring employees. It declines to adjudicate the merits of the petitions, noting prior precedents and directing fair, prompt disciplinary actions consistent with law, while maintaining essential services.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

Jayachandran Nair
Arun Jose

Respondents

State of Kerala represented by its Principal Secretary, Department of Power, Secretariat, Thiruvananthapuram – 695 001
The Kerala State Electricity Board Limited
The Managing Director, The Kerala State Electricity Board Limited
KSEB Officers Association
M.G. Suresh Kumar (KSEB Officers Association)

Legal Representation & Advocates

Counsels for Petitioners

• Subash Chandran
• Satheesh Mohanan
• Alen J. Cheruvil
• Alex M. Scaria
• Saritha Thomas
• A. J. Riyas

Counsels for Respondents

• K.M. Sathyanath(a) Menon
• M. Sasindran
• Kavery S. Thampi
• K.P. Harish
• B. Premod

Case Synopsis & Summary

These writ petitions, filed as Public Interest Litigations, challenge the alleged illegal strike by KSEB employees and seek protective measures to ensure uninterrupted generation, distribution and supply of electricity in Kerala. A Division Bench of the Kerala High Court had directed conciliation between the KSEB and the KSEB Officers Association to arrive at an amicable settlement, and, in case of further disruption, to resort to appropriate orders under the Kerala Essential Services Maintenance Act, 1994 to prevent impairment of essential services. The Board submitted that disciplinary actions had already been initiated against several officers under the Kerala Government Servants Conduct Rules, with a detailed statement dated 30.05.2022 outlining charges, suspensions, and reinstatements. Settlement negotiations on 07.05.2022 sought to condone disciplinary action, restore postings with full wages, and other relief, but the court signaled that such extraneous settlements would be contrary to this court’s judgments (e.g., Chandrachoodan Nair S and G. Balagopalan) and that wages cannot be defrayed when an employee participates in pen-down or dilatory strikes. Consequently, the court disposed of the petitions without adjudicating merits, recording the Board’s commitment to complete disciplinary proceedings and to take timely, fair action in accordance with law, while preserving essential services and public interest.

Provisions of Law Cited

Kerala Essential Services Maintenance Act, 1994 (Section 2)Kerala Government Servants Conduct Rules, 1960 (Rules 62, 77(b)(2), 86)Kerala Service Rules (referenced)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the KSEB employees engaged in an illegal strike, jeopardizing essential services. They sought Court directions to uphold essential service norms under ESMA and to ensure timely disciplinary action in line with prior precedents (notably Chandrachoodan Nair S and G. Balagopalan) that wage payments during strike-related absences should not be conferred. They pressed for safeguarding public interest and uninterrupted power supply, urging compliance with Division Bench directives for conciliation and ESMA action.

Contentions of Respondents

The respondents contended that disciplinary actions against errant officers were already initiated under Conduct Rules, with a settlement process and timely action; they highlighted that the court’s prior directions (conciliatory and ESMA-based) should be implemented, and that wage payments during strike-like action contradict established Kerala precedents (Balagopalan, Chandrachoodan Nair). They argued that merits-based adjudication could be avoided while ensuring essential services with due process and timely disciplinary proceedings.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
Chandrachoodan Nair S. vs State of Kerala and Others	2022(2) KLJ 308	Positive	Cited as controlling authority for disciplinary actions and wage-related implications during strikes; supports the court’s stance that government/public agencies cannot defray wages during pen-down/dilatory tactics.
G Balagopalan Vs State of Kerala and Another	ILR 2021 (1) Ker 673	Positive	Cited for consistent direction that wages should not be paid when an employee is absent/striking; used to align with the decisions on maintaining essential services and disciplinary actions.
W.P.(C). 5752 of 2019	W.P.(C). 5752 of 2019	Mentioned Only	Referenced in Appendix as a precedential authority but not discussed in the main reasoning.
W.P.(C). 10478/2022	W.P.(C). 10478/2022	Mentioned Only	Referenced via Appendix as related strike matter; not a central precedent for the decision.

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Extracted Judgment Text

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## W.P.(C) Nos. 13862 & 14004 of 2022 : 1 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 1[ST] DAY OF AUGUST 2022 / 10TH SRAVANA, 1944 ## WP(C) NO. 13862 OF 2022 ## PETITIONER/S: JAYACHANDRAN NAIR, AGED 53 YEARS, S/O. KARUNAKARAN NAIR,24/816/3, VASANTHA BHAVAN,METTUKADA, THYCAUD (POST),THIRUVANANTHAPURAM695014. (CHIEF EDITOR, TRAVANCORE EXPRESS ONLINE CHANNEL). BY ADVS. SUBASH CHANDRAN SATHEESH MOHANAN 1 THE CHAIRMAN AND MANAGING DIRECTOR KSEB LTD. VYDHYUATHI BHAVAN PATTOM,THIRUVANANTHAPURAM, PIN – 695 004. 2 M.G. SURESH KUMAR EXECUTIVE ENGINEER POWER SYSTEM ENGG WING OFFICE OF THE DIRECTOR TRANSMISSION AND SYSTEM OPERATION VYDHYTHI BHAVAN, PATTOM THIRUVANANTHAPURAM, PIN – 695 004. 3 THE DIRECTOR, TRANSMISSION AND SYSTEM OPERATION VYDHYUATHI BHAVAN, PATTOM THIRUVANANTHAPURAM. 4 SECRETARY, ADMINISTRATION KSEBL VYDHYUATHI BHAVAN PATTOM ,THIRUVANANTHAPURAM, PIN – 695 004. 5 EDITOR MATHRUBHUMI TELEVISION V.M NAIR MEMORIAL BUILDING MATHRUBHUMI ROAD, P.B.NO.5959 VANCHIYOOR, THIRUVANANTHAPURAM, PIN – 695 035. BY ADVS. R1, R3 & R4 BY SRI. K.M.SATHYANATHA MENON SMT. KAVERY S THAMPI SRI. K.P. HARISH, SR. GOVERNMENT PLEADER SRI. B.PREMOD, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2022, ALONG WITH WP(C).14004/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## RESPONDENT/S: ## W.P.(C) Nos. 13862 & 14004 of 2022 : 2 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 1[ST] DAY OF AUGUST 2022 / 10TH SRAVANA, 1944 ## WP(C) NO. 14004 OF 2022 ## PETITIONER/S: ARUN JOSE, AGED 29 YEARS S/O. JOSE SEBASTIAN, MUNDAKKATHADATHIL HOUSE, CHENNALODE P.O., KAVUMANNAM, VYTHIRI, WAYANAD - 673 121. BY ADVS. ALEN J. CHERUVIL ALEX.M.SCARIA SARITHA THOMAS A.J.RIYAS ## RESPONDENT/S: - 1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF POWER, SECRETARIAT, THIRUVANANTHAPURAM-695 001. - 2 THE KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. - 3 THE MANAGING DIRECTOR, THE KERALA STATE ELECTRICITY BOARD LIMITED, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. 4 KSEB OFFICERS ASSOCIATION, MALLOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM, KERALA - 695 035, REPRESENTED BY ITS GENERAL SECRETARY, SRI.M.G.SURESH KUMAR. 5 M.G.SURESH KUMAR, AGED 55 YEARS KSEB OFFICER ASSOCIATION, MALLOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM, KERALA - 695 035. BY ADVS. R2 & R3 BY SRI. K.M.SATHYANATHA MENON SRI. M.SASINDRAN SMT. KAVERY S THAMPI SRI. K.P. HARISH, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2022, ALONG WITH WP(C).13862/2022, THE COURT ON THE SAME DAY DELIVERED ## W.P.(C) Nos. 13862 & 14004 of 2022 : 3 : ## THE FOLLOWING: ## **S. MANIKUMAR, CJ & SHAJI P. CHALY, J.** --------------------------------------------------------W.P.(C) No. 13862 & 14004 of 2022 --------------------------------------------------------Dated this the 1[st] day of August, 2022. ## **JUDGMENT** ## **S. MANIKUMAR,CJ.** The writ petitions are filed as Public Interest Litigations seeking a direction against the illegal strike of the KSEB employees. 2. A learned Division Bench of this Court, by order dated 26[th] April, 2022 in W.P.(C) No. 14004 of 2022, directed the State of Kerala, represented by its Principal Secretary, Department of Power, Secretariat, Thiruvananthapuram – 695 001, respondent No.1, to initiate conciliation talks between the Board and the members of the 4[th] respondent and try and arrive at an amicable settlement. It was further directed that if the employees of the 2[nd] respondent Board go ahead and indulge in any conduct falling within the purview of Section 2 of the Kerala Essential Services Maintenance Act, 1994, under any banner or nomenclature, in violation of the rules of the Board, which disrupts the generation, distribution and supply of electricity in the State of Kerala, the 1[st] respondent, shall immediately issue ## W.P.(C) Nos. 13862 & 14004 of 2022 : 4 : appropriate orders under the Kerala Essential Services Maintenance Act, 1994, and prohibit such conduct. The Board was given liberty to take appropriate action against the erring employees in accordance with law. 3. Sri. K. M. Sathyanatha Menon, learned Standing Counsel appearing for the Kerala State Electricity Board, submitted that pursuant to the same, action has been taken, and he has also filed a statement dated 30.05.2022 for and on behalf of respondent Nos. 2 and 3 detailing the action taken by the Board and the settlement stated to have been made between the parties. The said statement is reproduced hereunder: ## **“(a)Action taken by the Board** I. The following disciplinary actions that have been set in motion by the Company for various activities which transgressed on the applicable Kerala Government Servant’s Conduct Rules 1960 and statement of allegationsand memo of charges for major penalties served to the charged officers keeping in mind the decisions of this Hon’ble court in Chandrachoodan Nair S vs State of Kerala and others in 2022(2) KLJ 308 and also G BalagopalanVs State of Kerala and Another ( ILR 2021 (1) Ker 673) are enumerated below: Sl. Name and No Summary of charges Designation . ## W.P.(C) Nos. 13862 & 14004 of 2022 : 5 : 1. Sri. M.G. Suresh i. Deliberately made highly derogatory Kumar, Executive wrong statements against management Engineer (President and senior officials of the Company by of the respondent issuing notice circulated on 04-04-2022, Association) knowing fully that they are not true to Electrical Division facts and is an affront to the authority of Perinthalmanna. the Company Management and the Board of Directors which constitutes grave misconduct. Supplied the copy of the above notice to KSEBL and circulated it widely in press / visual media which also constitutes a grave misconduct. ii. Being an employee of the KSEBL and an office bearer of Kerala State Electricity Board Officers’ Association which is a charitable society registered under the Travancore-Cochin (Literary, Scientific and Charitable) Societies Registration Act acted without any authority either to intervene in a disciplinary proceeding initiated by the competent authority of the Company or to interfere with the internal disciplinary matters of the Company in the capacity as a senior officer of the Company or as the office bearer of an Association registered under the Travancore-Cochin (Literary, Scientific and Charitable) Societies Registration Act. iii. Called for conducting of a strike / demonstration / protest on 5/4/2022 on company premises on the same issue which is in violation of Rule 77(b)(2) and 86 of the Conduct Rules applicable. Further publication of the note is in gross infringement of Rule 62 of the Conduct Rules. ## W.P.(C) Nos. 13862 & 14004 of 2022 : 6 : ||||iv. Asserted and in gross violation of official duties as an officer (Executive Engineer, Power System Engineering, O/o the Director (T&SO)), and have exhorted fellow officers to abstain from duty even at the cost of disrupting power supply if need be, which is an act of wanton indiscretion and lack of consideration of his immediate pressing responsibility on 28/3/2022. v. Grossly tarnished the image of the KSEBL by unlawful actions which badly affected the goodwill of the Company in public.|| |---|---|---|---|---| ||2.|Smt. JasminBanu. A., Executive Engineer Generation Division Seethathode.|a. Made unlawful interpretations through public address system indicting and interfering with the Company’s management action with the full knowledge that they transgress the provisions of the applicable Conduct Rules. b. Deliberately attacked openly and maligned the position and actions of superior officers, attributed motives and accused incompetency in public. c. Without making any representation stating any grievance to the effect articulated publically and widely disseminated through facebookengaged in the conduct of organising, attending and addressing a protest march conducted during office hours, in absentation from assigned duty, is in flagrant violation of Conduct rules applicable and ignoring the of disciplinary action vide Memo of Charges No. VIG/A3/2990/2022/811 dated|| ## W.P.(C) Nos. 13862 & 14004 of 2022 : 7 : 31/03/2022. - d. Through public remarks, mocked, ridiculed and insubordinated reporting hierarchy and passed value judgement on a process initiated before furnishing statement of defences, attempting to bias the disciplinary authority opinion, before the defence is heard, attempting to disable the Company’s legal hierarchy to determine the matter. ||||31/03/2022. d. Through public remarks, mocked, ridiculed and insubordinated reporting hierarchy and passed value judgement on a process initiated before furnishing statement of defences, attempting to bias the disciplinary authority opinion, before the defence is heard, attempting to disable the Company’s legal hierarchy to determine the matter. e. Grossly tarnished the image of the KSEBL by the wholly unlawful actions which has badly affected the goodwill of the Company in public.|31/03/2022. d. Through public remarks, mocked, ridiculed and insubordinated reporting hierarchy and passed value judgement on a process initiated before furnishing statement of defences, attempting to bias the disciplinary authority opinion, before the defence is heard, attempting to disable the Company’s legal hierarchy to determine the matter. e. Grossly tarnished the image of the KSEBL by the wholly unlawful actions which has badly affected the goodwill of the Company in public.| |---|---|---|---|---| ||||e. Grossly tarnished the image of the KSEBL by the wholly unlawful actions which has badly affected the goodwill of the Company in public.|| ||3.|Sri. B. Harikumar, Assistant Executive Engineer (General Secretary of the respondent Association) APTS, Palakkad.|i. While working as Assistant Executive Engineer, along with one another individual, has published an exhibit-1 through social media and circulated it widely to Company officers and workmen and the media and it has come to the notice of the competent disciplinary authority, clearly attacking the contents and operational directives of the KSEBL company, issued vide Circular No. PS1(B)/Trade Unions/Strike/2021 dated 23/03/2022 and attributed unholy motives and cast aspersions on clarifications given by the competent authority (Chairman and Managing Director, KSEBL) clarifying the Company’s positions on matters of internal discipline related to the strike. ii. Made deliberately infactual and misleading statements and meant to unfairly instigate workers and officers|| ## W.P.(C) Nos. 13862 & 14004 of 2022 : 8 : against management and the Board of Directors and to cause confusion and disaffection towards the management and Directors of KSEBL. iii. Made unlawful statements attributing illicit motives to the office of the Chairman & Managing Director which is a deliberately premeditated and unjustified act of gross discipline, direct insubordination, assertion of undue authority and position not permitted as a senior officer (Assistant Executive Engineer) serving the Board of Directors of the Company and higher authorities so designated by it, only answerable and obedient to the KSEBL’s competent authority in the official capacity. iv. Deliberately mislead the readers of the note, contravening the provisions of Conduct Rules made applicable to all officers of KSEBL as adopted in the tripartite agreement and subsequently resolved by the Board provided under (Rule 77(b)(2) and Rule 86). v. Alleged in the widely circulated note that the Chairman and Managing Director has suppressed facts and mislead the readers whereas the Company circular (Exhibit-2) is clear in its purpose and contents and does not contain any assertion to that extent and is materially the same as the previous issues on similar circumstances. ## W.P.(C) Nos. 13862 & 14004 of 2022 : 9 : vi. Wilfully challenged the right of the Company in seeking reasonable compliance from subordinate Heads of Offices such as Chief Engineers and Deputy Chief Engineers of its executive instructions whereas he had no business in the matter. vii. Mislead the employees or lay readers by presenting falsely inability of controlling officers to attend office whereas the directions of the Company to invariably attend office during the strike period is limited to officers who are provided with Company transport and have definite supervisory responsibilities over the cadres placed below them. viii. Warned persons planning to appear for work the pain of moderate disturbances to the power grid which is specifically prohibited by Company Conduct Rule (62). ix. Made specific unlawful statement which is a deliberate act of gross wilful disobedience of his responsibility and manifest insolence which makes his continuation in the service of KSEBL reporting to the Board of Directors wholly untenable and necessitates separating the person from the Company and its service in the interest of internal discipline. x. Acted in tandem with trade unions and worker members, who are required to be directly monitored and supervised by him in his official capacity as Assistant Executive Engineer, thereby ## W.P.(C) Nos. 13862 & 14004 of 2022 : 10 : ||||diluting his official position and compromising his role, function and purpose in the Company. xi. Asserted and in gross application of his duty as an officer (Assistant Executive Engineer, Dyuti Project Monitoring Division), and have exhorted fellow officers to abstain from duty even at the cost of disrupting power supply if need be, which is an act of wanton indiscretion and lack of consideration of your responsibility. xii. Grossly tarnished the image of the KSEBL by his actions and lead to erosion of its goodwill due to his unconsidered actions.|) al| |---|---|---|---|---| |||4. Sri. Sajeev. K.S. Assistant Engineer 66 KV Sub Station, Kottayam 5. Sri. Salim. N.E. Executive Engineer TransGrid TC Division, Kozhikode. 6. Smt. Seema. K.P. Executive Engineer KAES, Kakkayam 7. Sri. Sooraj. T.P.. Assistant Engineer Electrical Section, Payyannur|Partook in a sit-in called Sathyagraha / agitation on 5/4/2022 following a call made by a charitable service association KSEB Officers Association (KSEBOA) registered under the Travancore-Cochin Charitable Societies Act 1955 ultravires applicable Conduct Rules and ignoring office duties.with the following present office bearers as the signatories to the call. 1 Shri. M.G. Suresh Kumar (President 2 Shri. B. Harikumar (Gener Secretary) ii. Violated the instructions of the competent authority made as per Kerala Government Servants Conduct|| ## W.P.(C) Nos. 13862 & 14004 of 2022 : 11 : 8. Sri. Sreejith. S.R. Rules 1960 ((Rule 77(b)(2), Rule 62 Assistant Engineer and Rule 86) 220 KV Substation, iii. Entered the Company premises, Kaniyambetta building, floor 7 and rooms wholly restricted to them, shouting abusive 9. Smt. Suma Sekhar slogans and made vitriolic Senior Superintendent demonstrations, speeches and gestures Electrical Section, and obscene and intimidatory Thirumala utterances to the senior officials in the Company Management, Directors and 10. Sri. Babu. R. the CMD. Assistant Executive iv. Physically interfered with a review Engineer meeting which was being conducted in the Chairman’s Conference Hall in the 11. Sri. Binu. B. 7th floor of the Company headquarters Assistant Executive chaired by the Chairman & Managing Engineer Director regarding the plan progress of Electrical Section, the Company and central sector project Ambalappuzha progress of the Company from 9.30 am onwards at around 11.52 am. All the 12. Sri. AneeshParakkadan Directors of the Company and Heads of Assistant Departments were attending the Executive Engineer conference in person or through video Substation Sub conference embarrassing all Division, participants and showing the Company Malappuram in a poor light to its consumers and general public. 13.Sri. Anoop Raj. V.P. v. Concealed with fellow employees, Assistant Engineer through disguise or stealth and Electrical Section trespassed into the conference hall in Kottayam Central floor 7 earmarked for the meeting of the Full Time Directors ongoing at Chairman’s Conference Hall, at around 14.Smt. Sreelakumari. N. 11.52 am, and obstructed the meeting Executive Engineer by sitting down between the officers Electrical Division, attending the meeting and making Kannur threatening hand signals and abusive W.P.(C) Nos. 13862 & 14004 of 2022 : 12 : slogans intimidating the officers of dire 15.Sri. Nandakumar. N. consequences. Upon commencement of Assistant Engineer resultant control and arrest procedure Electrical Division, by the Police who armed on scene that Alappuzha. dispersed only in order to avoid an impeding arrest by speeding down the 16. Sri. PrakashKumar.P.T corridors and stairs. Assistant Engineer v. Violation of Conduct Rules and Office of the Sections 143, 149, 341, 342, 448, 353 Director and 188 of Indian Penal Code. (Distribution & IT) 17. Smt. RenjanaDevi.K. Executive Engineer Transmission Division, Thrissur 18. Smt. Indira. K. Executive Engineer Electrical Division, Thripunithura 19.Sri. Pradeep. P.N. Senior Superintendent. Electrical Section, Punja, Pallom. 20.Sri. Dwipin Das. D. Assistant Engineer Electrical Section Vadakara South 21.Sri. Pradeep Kumar. T. Asst. Exe. Engineer 220 KV Substation, Nallalam. 22 Sri. Kurien Sebastian i Participated in a protest titled Sathyagraha Exe. Engineer (Retd.) staged by KSEB Officers Association ## W.P.(C) Nos. 13862 & 14004 of 2022 : 13 : (KSEBOA), a charitable welfare/service association working in KSEBL with no legal warrant or permission whatsoever to call for strike etc. as per notice referred (1) against the Company policy and action, from about 10.00 am in front of the Company. ii At about 11.52 am on the same day, along with approximately other 20 persons trespassed without permission into the 7th floor of the Company Corporate Office and by forcing through the prohibited doors of the restricted conference hall of the Full Time Directors of KSEBL (his former disciplinary authority and present pension granting authority) and staged an ugly protest, unbecoming of his status, shouting slogans, howling abuses and showering direct threats on the chair of the meeting, ie., the Chairman & Managing Director, KSEBL and about seven Directors of the Company and Heads of Departments who were assembled there, who were astounded at his unsightly and uncouth conduct. iii The actions were visible to the entire participants of the meeting (about 1000 members who were officers and employees) throughout the State of Kerala and was circulated later through official media and other sources, damaging the goodwill and prestige of his former long term employer and further pension provider. Abused the pension granting authority in full public view and realising fully so. iv The actions on 5/4/2022 11.52 am and ## W.P.(C) Nos. 13862 & 14004 of 2022 : 14 : thereafter for half an hour need no further enquiry or explanation as his conduct is a matter of record of the Company through its recorded official CCTV footage, videographs clearly showing his criminal trespass and forced entry and testimonials from the Chief Vigilance Officer, T.A. to CMD, Director Board and Heads of Departments that he obstructed the meeting for about half an hour howling deafening abuses and shouting insulting slogans and exhorting other serving officers to do so after you, which was obeyed in high measure resulting in earning manifest misconduct. The charged officers have been issued with detailed memo of charges and statement of allegations. Replies from all these charged officers are yet awaited and hence upon full receipt of them they shall be disposed as per the regulations, after hearing their defence statements through written statement of defences and oral disposals in the internal disciplinary proceedings before the appointed Enquiry Officer as per applicable regulations/rules. ## **(b)Settlement stated to have been made between the parties.** I. Based on the order of this Hon’ble court dated 26/4/2022, this respondent attended the meeting convened on 7.05.2022 by the first respondent, Principal Secretary (Power), Government of Kerala, in which the following representatives of the 4th respondent Association were present. Shri. M.G. Suresh Kumar, President, KSEB Officers Association W.P.(C) Nos. 13862 & 14004 of 2022 : 15 : Shri.Harikumar, B., General Secretary, KSEB Officers Association Shri. Shine Raj, Zonal Secretary, KSEB Officers Association II. The purpose of the meeting was stated to be to arrive at an amicable settlement subject to the directions contained in the order including actions under the Conduct and Disciplinary Rules applicable to the members of the respondent organization following their agitations between 5/4/2022 and 19/4/2022. III. The submissions from the side of the 4th respondent Association was that the disciplinary actions initiated on the leaders and participants in strike / protest activity between 5/4/2022 and 19/4/2022 which occurred sporadically in the various company offices were to be condoned without any further proceedings and status quo to be maintained and restored in so far as the officers who were suspended and reinstated in different stations were concerned and that they were to be restored to same offices where the alleged misconduct occurred as part of the amicable settlement. They also wanted categorical withdrawal of all disciplinary actions initiated against officers and one retired officer who forcefully trespassed into the ongoing meeting of the Kerala State Electricity Board Ltd on 5/4/2022 and shouted slogans abusive of the participants of the meeting. They further wanted the promotions withheld on account of disciplinary action initiated to be forthwith provided and also the period under suspension of 3 strike leaders (Smt. JasminBanu. A., Executive Engineer, Sri. M.G. Suresh Kumar, Executive Engineer and Sri. Harikumar. B., Assistant ## W.P.(C) Nos. 13862 & 14004 of 2022 : 16 : Executive Engineer) to be treated as duty period with full wages. They further wanted the Government to direct (understood to be in similar lines of G.O. (P) No. 1/2019/GAD dated 31.01.2019) to permit them to avail Casual Leave or other eligible leave and avoid dies-non fully during the days in which they struck work or led protest in the Company Headquarters and other offices. They desired the period spent on strike to be paid for by the Company and thereby the consumers thereafter. IV.Since above request was fully against the spirit of the judgments of this Hon’ble court as well as against the interest of the KSEBL and public interest and since the disciplinary actions set in motion by the appointing authority/disciplinary authority cannot be settled extraneously outside the Company such as at a conciliatory meeting without examining the merit of the charges and defence, the KSEBL took the stand that only on completion of disciplinary proceedings against the officers who were served with statement of allegations and memo of charges that their request can considered complete. Replies from charged officers are awaited and hence upon receipt of them they shall be disposed as per the regulations, after hearing their defence statements through written statement of defences and oral depositions in the internal disciplinary proceedings before appointed Enquiry Officer. The Board assured an early and fair disposal of the same subject to cooperation of the charged officers to the disciplinary enquiry proceedings and that no undue victimization or favour will be shown in the process. In so far as the applicability of dies-non during the days spent on protest/strike keeping away from work, the respondent association ## W.P.(C) Nos. 13862 & 14004 of 2022 : 17 : vehemently argued for permitting them to avail leave of Casual or other nature of eligible leave. But KSEBL pointed out the consistent directions of this Hon’ble court in “G. Balagopalan vs. State of Kerala and others” and “Chandrachoodan Nair vs. State of Kerala” wherein the Hon’ble High Court has categorically disallowed any order by Government or public agencies where Kerala Service Rules and Kerala Government Conduct Rules are applicable to defray wages when an employee has been admittedly striking work or absenting himself as a part of pen-down / dilatory tactics. V. The Government have only requested to expeditiously address the disciplinary actions keeping in view the need to maintain the essential service with minimum disruptions due to activities of the organizations. VI.Thus in the meeting held on 7.05.2022 it was orally resolved to complete the disciplinary proceedings at the earliest and to arrive at a decision. VII. The Government also expressed to take a final decision after consultation with the Legal Department in so far as the questions of decision is concerned.” 4. It is submitted by the learned counsel for the 4th respondent that the averments contained in the affidavit dated 27.07.2022 filed by respondent No.4 with respect to the _bona fides_ of the petitioner in W.P.(C) No. 14004 of 2022 and also as to how the petitioner had obtained certain documents, are not to be taken seriously and that they are not relevant for the disposal of the writ petition. Said ## W.P.(C) Nos. 13862 & 14004 of 2022 : 18 : submission of the learned counsel is placed on record. In view of the above, adjudication of the issues raised in the writ petition on merits is not required. Accordingly, these writ petitions are disposed of, placing on record the statement of the Board dated 30.05.2022 that action has already been initiated against the erring employees. sd/- **S. MANIKUMAR, CHIEF JUSTICE.** **sd/SHAJI P. CHALY, JUDGE.** _Rv_ W.P.(C) Nos. 13862 & 14004 of 2022 : 19 : ## APPENDIX OF WP(C) 13862/2022 ## PETITIONER'S EXHIBITS: ExhibitP1 A TRUE COPY OF THE ORDER DATED 28.03.2022 IN WP(C) NO. 10478 OF 2022 OF THIS HON'BLE COURT. Exhibit P2 A TRUE COPY OF THE CIRCULAR OF THE CHAIRMAN AND MANAGING DIRECTOR OF KSEB LTD DATED 23.03.2022. Exhibit P3 A TRUE AND TRANSLATED COPY OF THE EXACT PART OF THE PRIME TIME DEBATE CONDUCTED IN MATHRUBHUMI CHANNEL DATED 28.3.2022. Exhibit P4 A TRUE COPY OF THE COMPLAINT FILED BY THE CHAIRMAN AND MANAGING DIRECTOR KSEB LTD. RELATING TO THE INCIDENT TOOK PLACE IN PALAKKAD DISTRICT, BEFORE THE INSPECTOR GENERAL OF POLICE, NORTH ZONE KOZHIKODE. Exhibit P5 A TRUE COPY OF THE FIR LODGED BY ALATHUR POLICE STATION, WITH RESPECT TO THE ABOVE SAID INCIDENT DATED 29.03.2022 Exhibit P6 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER DATED 30.03. 2022 RESPONDENTS' EXHIBITS: NIL /True Copy/ rv PS To Judge. W.P.(C) Nos. 13862 & 14004 of 2022 : 20 : ## **APPENDIX OF WP(C) 14004/2022** PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE RELEVANT PARTS OF THE GOVERNMENT SERVANTS CONDUCT RULES. Exhibit P2 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED 27/07/1976 BEARING NO. 48063/SS1/75/PD OF PUBLIC S. S DEPARTMENT. Exhibit P3 TRUE COPY OF THE ORDER DATED 08/05/2018 BEARING NO. BO(FTD) 1214/2018 (PS-1(A)/WPC 18766/2017 ISSUED BY THE CORPORATE OFFICE (PERSONNEL) OF 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE ORDER DATED 07/04/1961 BEARING NO. BS1(B)-63/60 ISSUED BY THE CHAIRMAN OF THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE CIRCULARS DATED 15/11/2021 BEARING NO. PS1 (B)/TRADE UNIONS2021 ISSUED BY THE 2ND RESPONDENT (ALONG WITH ENGLISH TRANSLATION). Exhibit P6 TRUE PHOTOGRAPHS OF THE STAGE CONSTRUCTED CONDUCTING AGITATION. Exhibit P7 TRUE COPY OF THE NOTICE, CALLING FOR SUCH STRIKE BY THE 4TH RESPONDENT. (WITH ENGLISH TRANSLATION). Exhibit P8 TRUE COPY OF THE NEWS REPORT APPEARED ON PAGE 5 OF MALAYALA MANORAMA DAILY DATED 08/04/2022 ( WITH ENGLISH TRANSLATION). Exhibit P9 TRUE COPY OF ANOTHER NEWS REPORT APPEARED ON PAGE 6 OF MALAYALA MANORAMA DAILY DATED 10/04/2022. ( WITH ENGLISH TRANSLATION) Exhibit P10 TRUE COPY OF THE NEWS REPORT APPEARED IN THE HINDU ON-LINE DATED 07/04/2022. Exhibit P11 THE RELEVANT BROCHURE WHICH CONTAINS CALLING FOR ILLEGAL STRIKE OF OFFICERS BY THE 4TH RESPONDENT ON SOCIAL MEDIA. Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER DATED 28/03/2022 IN W.P.(C). 10478/2022 IN RESPECT OF THE STRIKE BY THE GOVERNMENT SERVANTS. Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 02/02/2021 IN W.P.(C). 5752 OF 2019. Exhibit P14 TRUE COPY OF THE RELEVANT PAGES OF THE REVISED PAY SCALE OF OFFICERS OF THE 2ND RESPONDENT BEARING NO. BO(FTD) NO. 171/2021 (PS1/2617/PR/2018) TVPM DATED 26/02/2021. Exhibit P15 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED 15/02/1984 BEARING NO. 20802/SS1/84/GAD ISSUED BY THE GOVERNMENT OF KERALA ## W.P.(C) Nos. 13862 & 14004 of 2022 : 21 : Exhibit P16 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED 07/06/1984 BEARING NO. 47061/SS1/84/GAD ISSUED BY THE GOVERNMENT OF KERALA Exhibit P17 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED 16/12/1991 BEARING NO. 111160/SS1/91/GAD ISSUED BY THE GOVERNMENT OF KERALA Exhibit P18 TRUE COPY OF THE CIRCULAR MEMORANDUM DATED 17/02/1993, BEARING NO. 107572/SS1/92/GAD ISSUED BY THE GOVERNMENT OF KERALA ## RESPONDENT EXHIBITS: EXT.R2(a) TRUE COPY OF MEMO OF CHARGES BEARING NO.VIG/A1/100/2022 ISSUED AGAINST 5TH RESPONDENT. EXT.R2(b) TRUE COPY OF THE ORDER NO. VIG/A1/100/2022 DATED 05.04.2022 SUSPENDING TEH 5TH RESPONDENT FROM SERVICE. EXT.R2(c) TRUE COPY OF THE ORDER NO.VIG/A1/100/2022 DATED 12.04.2022 REINSTATING 5TH RESPONDENT INTO SERVICE. /True Copy/ PS To Judge. rv