IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 28753 of 2005(W) -------------------------- PETITIONER(S): ---------------------- V.V.GEORGE, ASSISTANT ENGINEER, ELECTRICAL SECTION, VALAYANCHIRANGARA. BY ADV. SRI.P.ALI RESPONDENT(S): -------------------------- 1. THE CHAIRMAN, KSEB., THIRUVANANTHAPURAM. 2. THE SECRETARY, KSEB., THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER(HRM), VYDHUDHI BHAVAN, PATTAM PALACE P.O., THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KSEB., PERUMBAVOOR. 5. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, MUVATTUPUZHA. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 TO 5 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28753/05 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE MEMO OF CHARGE AND STATEMENT OF ALLEGATION DT 5.2.2003. EXT.P2: TRUE COPY OF THE DEFENCE STATEMENT IN THE CHARGES DT 4.3.2003. EXT.P3: TRUE COPY OF THE SHOW CAUSE NOTICE DT 6.12.2003. EXT.P4: TRUE COPY OF THE REPLY TO SHOW CAUSE NOTICE DT 20.1.2004. EXT.P5: TRUE COPY OF THE PROCEEDING OF the CHAIRMAN DT 8.9.04. EXT.P6: TRUE COPY OF THE APPEAL BEFORE THE 2ND RESPONDENT DT 19.11.04. EXT.P7: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DT 23.8.2005. EXT.P8: COPY OF THE ORDER OF THE 2ND RESPONDENT DT 9.3.09. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28753 OF 2005 (W) ===================== Dated this the 4th day of November, 2009 J U D G M E N T Petitioner is an Assistant Engineer under the Kerala State Electricity Board. 2. In this writ petition, he is challenging Ext.P7, an order imposing a punishment of barring one annual increment without cumulative effect and ordering recovery of Rs.11,137/- from the petitioner. This order was passed pursuant to the disciplinary proceedings initiated following Ext.P1 memo of charges. 3. It is now submitted by both sides that the Full Board of the KSEB considered the case of another person who was proceeded against along with the the petitioner on 9/3/2009 and by Ext.P8 order, that person has been exonerated of the charges. It is stated that subsequently on 24/10/2009, yet another order has been issued by the Board exonerating the petitioner also. A copy of the said order has been made available by the standing counsel for the respondents. 4. Now that by order dated 24/10/2009, the petitioner has also been exonerated, Ext.P7 order has been rendered ineffective. WPC 28753/05 :2 : Therefore, the prayer to quash Ext.P7 no longer survives. Therefore, the writ petition is disposed of directing that the benefits, if any, which have been recovered or withheld from the petitioner shall be restored to him without any further delay. ANTONY DOMINIC, JUDGE Rp