IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 15512 of 2009(H) ---------------------------------------- PETITIONER(S): ------------------------- G.JYOTHI, S/O.GOPALAN, AGED 46 YEARS, ARAVIND VIEW, NJARAKATTUVILLA, NEDUMPARAMBU.P.O., NOW WORKING AS OVERSEER AT IDAVA ELECTRICAL SECTION, KILIMANOOR. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): ---------------------------- 1. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, URBAN ELECTRICAL CIRCLE, TRIVANDRUM. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, ATTINGAL. R1 & R2 BY ADV. MR. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 15512 of 2009-H ------------------------------ Dated this the 5th day of June, 2009. J U D G M E N T Heard Sri.George Cherian, the learned counsel appearing for the petitioner and Sri.K.S.Anil, the learned Standing Counsel appearing for the respondents. 2. The petitioner is presently working as Overseer in the Kerala State Electricity Board. In this writ petition he challenges Ext.P5 order passed by the Executive Engineer of the Kerala State Electricity Board imposing on him the punishment of barring two increments with cumulative effect and also directing recovery of the sum of Rs.7,900/- from him. 3. The pleadings disclose that aggrieved by Ext.P5, the petitioner has filed Ext.P6 appeal before the first respondent Deputy Chief Engineer. In this writ petition, the petitioner challenges Ext.P5 on the ground it has been issued in violation of the principles of natural justice and without conducting an enquiry. In my opinion, it is a plea which can be raised in the appeal before the appellate authority. As the petitioner has already invoked the appellate remedy available to him, I am of the opinion that he should pursue it instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ W.P(C) No. 15512 of 2009-H 2 petition with a direction to the first respondent to consider Ext.P6 appeal and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment before the first respondent. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN JUDGE ab