IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 17038 of 2006(C) -------------------------- PETITIONER(S): ---------------------- TISANKO INDUSTRIAL ENGINEERING SERVICES COMPANY, REPRESENTED BY THE WORKING PARTNER, SARAMMA KOSHY, N.H.47 BYE PASS, ANJUMANA, EDAPPALLY P.O., KOCHI-24. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY LICENSING BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ELECTRICAL INSPECTOR, ERNAKULAM. 3. SMT.BEENA, CHIEF ELECTRICAL INSPECTOR, OFFICE OF THE CHIEF ELECTRICAL INSPECTOR, THIRUVANANTHAPURAM. 4. SRI.SANTHAKUMARAN, FORMER CHIEF ELECTRICAL INSPECTOR, (NOW WORKING AS THE ADDL. PRIVATE SECRETARY TO MINISTER FOR ELECTRICITY, GOVT. OF KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R1-4 SRI.C.K.KARUNAKARAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17038/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTICE DT. 15.7.05 ISSUED BY THE CHIEF ELECTRICAL INSPECTOR TO GOVT. OF KERALA TO THE PETITIONER. P2:- COPY OF THE REPLY DT. 26.7.05 SENT BY THE PETITIONER TO EXT.P1 NOTICE. P3:- COPY OF THE LETTER DT. 17.1.06 SENT BY THE CHIEF ELECTRICAL INSPECTOR TO THE PETITIONER. P4:- COPY OF THE REPLY DT. 24.1.06 SENT BY THE PETITIONER TO THE SIT RESPONDENT. P5:- COPY OF THE COMMUNCIATION DT. 30.5.06 SENT BY THE CHIEF ELECTRICAL INSPECTOR TO THE PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.17038 of 2006 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT Petitioner is aggrieved by Ext.P5 order whereby his electrical contract licence No.CA 144 was cancelled with effect from 30-5-2006. There is an interim order in operation during the pendency of the writ petition. One of the main contentions taken by the petitioner is that the grounds taken in the cancellation order have not been brought to the notice to the petitioner, so much so, he did not get sufficient opportunity to explain his position with regard to those grounds. Learned Government Pleader submits that the Kerala State Electricity Licensing Board Rules does not contemplate any such opportunity. I am afraid the stand cannot be fully appreciated. Though the Rule does not expressly say so, once a punitive action is taken against a person, that person is entitled to know on what ground the action is taken. Therefore, it is only the requirement of natural justice that the petitioner is given notice W.P(C).No.17038 of 2006 -:2:- as to the ground on which the proposed punitive action of cancellation of licence is taken. There need not be any enabling provision under the Rules since the requirement is one emanating from the provisions of natural justice. Therefore, I quash the order in Ext.P5 making it clear that Ext.P5 will be taken as notice, petitioner may submit his reply within two months from today and thereafter the petitioner be afforded an opportunity for hearing on his explanation and the competent authority will pass appropriate orders in the matter within another three months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.17038 of 2006 ----------------------------------- JUDGMENT 22nd October, 2008