IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 4973 of 2010(V) ------------------------- PETITIONER(S): --------------- K.K. RAVI CLR WORKER (RETIRED , GENERATION DIVISION IDAMALAYAR, KOCHUPARAMBIL HOUSE, VADATTUPARA P.O,. PALAVANPADY, ERNAKULAM DISTRICT. BY ADV. SMT.P.R.REENA RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, BOARD REPRESENTED BY THE SECRETARY, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM) ELECTRICAL, VYDHUTHI BHAVAN, HEAD QUARTERS, PATTAM, TRIVANDRUM - 4. 3. THE DEPUTY CHIEF ENGINEER, GENERATION CIRCLE, K.S.E.BOARD, SUBSTATION COMPOUND,KOTHAMANGALAM. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 TO 3 SRI. ASOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. Photocopy of the memo issued by the 3rd respondent dt.31.07.08. Ext.P2. True copy of the relevant extracts of the settlement dt.11.08.2007. Ext.P3. True copy of the letter issued by the 2nd respondent dt. 04.08.2007. Ext.P4. Photocopy of the order No.P.1/PPO.37707 DT.20.8.2009. // true copy // P.S to Judge ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.4973 OF 2010(V) -------------------------------------------------- Dated this the 6th day of August, 2010 J U D G M E N T Grievance of the petitioner is that by Ext.P4 an amount of Rs.85,720/- was recovered from the DCRG that is due to him. It is stated that this recovery was effected without issuing notice to him or quantifying the liability after hearing them. 2. Although counter affidavit has been filed justifying the recovery it is an undisputed fact that the liability has been fixed and recovery was effected without notice to the petitioner. Therefore the recovery effected is in violation of the principles of natural justice. In view of the above I direct that Ext.P4 be treated as a notice and it will be open to the petitioner to file his objection to Ext.P2 before the 2nd respondent within 4 weeks from today. Once the petitioner files the objection as directed above, the Chief Engineer shall issue notice to the petitioner and take a decision in the matter, taking into account the contention raised by the petitioner, within 4 weeks from the date of receipt of objection from the petitioner. Writ petition is disposed of as above. (ANTONY DOMINIC) vi JUDGE WPC.No. /09 :2 :