IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 28918 of 2008(P) ---------------------------------------- PETITIONER(S): ------------------------- T.R.MURUKESAN, AGED 53 YEARS, S/O. P.RAGHAVAN, TC 42/1084, VALLAKKADAVU, THIRUVANANTHAPURAM -695 008, (DEPUTY CHIEF ENGINEER/CHAIRPERSON, CGRF, KOZHIKODE (UNDER SUSPENSION) BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): ----------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTAM, THIRUVANANTHAPURAM 695 004 REPRESENTED BY ITS SECRETARY. 2. CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANANM, PATTAM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, DISTRIBUTION NORTH, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, KOZHIKODE. ADV. SRI. K.S.ANIL, SC, KSEB FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 28918 of 2008 ====================================== Dated this the 2nd day of December 2008 JUDGMENT Heard both sides. 2. The petitioner challenges Ext.P6 order dated 18.9.2008 passed by the Chairman of the Kerala State Electricity Board placing him under suspension. Ext.P6 discloses that the petitioner, an officer in the category of Deputy Chief Engineer was the Chair Person of the Consumer Grievances Redressal Forum, Kozhikode established under the provisions of the Kerala State Electricity Regulatory Commission (Consumer Grievances Redressel Forum and Electricity Ombudsman) Regulations, 2005. 3. The petitioner has been placed under suspension on the allegation that his behaviour as the Chair Person was rash and not good enough to uphold the dignity of the Forum. It is alleged that the petitioner's conduct as the Chair Person tantamounts to dereliction of duty and misconduct. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Sri.K.S.Anil, the learned standing counsel appearing for the respondents submits that pursuant to Ext.P6, a memo of charges was served on the petitioner on 22.9.2008 and that after a reply is received from the petitioner, the Board will examine whether the petitioner should continue to be under suspension. The materials on record W.P.(C )No.28918/2008 2 disclose that the Consumer Grievances Redressal Forum has a good record of disposing of complaints from consumers. The only allegation levelled against the petitioner in Ext.P6 is that as the Chair Person of the Consumer Grievances Redressal Forum, his behaviour was rash and not dignified. In my opinion, if the petitioner's performance as Chair Person is rash and not dignified, the Board could have shifted him from that office, instead of placing him under suspension. There is no allegation that the petitioner was negligent in the discharge of his duties or that he was guilty of misconduct in the discharge of his duties. In these circumstances, I direct the Board to consider whether the petitioner, a Deputy Chief Engineer can be posted, in any capacity other than as the Chair Person of the Consumer Grievances Redressal Forum. A decision in that regard shall be taken within one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. P.N.RAVINDRAN, JUDGE css/