IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 7524 of 2007(U) ------------------------- PETITIONER --------------- A.KUNHAN, ASSISTANT EXECUTIVE ENGINEER (RTD), KSEB, GAS INSULATED SUBSTATION, PUTHIYERI, KOZHIKODE, RESIDING AT PANAKKAL HOUSE, ARINJERMALA P.O., PANAMARAM, WAYANAD DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHAIRMAN, KSEB, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER (HRM), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 4. DEPUTY CHIEF ENGINEER, KSEB, ELECTRICAL CIRCLE, KALPETTA, WAYANAD DISTRICT. R1 TO R4 BY ADV. SRI.PULIKOOL ABUBACKER, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7524 of 2007(U) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE RELEVANT PORTION OF THE B.O.NO.EC-II-26306/70 DATED 4.11.70. EXT.P2. COPY OF THE LETTER DATED 20.12.02 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. EXT.P3. COPY OF THE REPLY DATED 23.4.03 SUBMITTED BY THE PETITIONER EXT.P4. COPY OF THE PROCEEDINGS DATED MARCH 04 ISSUED BY THE FOURTH RESPONDENT. EXT.P5. COPY OF THE APPEAL DATED 26.4.04 SUBMITTED BY THE PETITIONER. EXT.P6. COPY OF THE CNSOLIDATED MASA. EXT.P7. COPY OF THE MCS NO.6-90/91 DATED 15.5.90 WHICH WAS JOURNALIZED AS JOURNAL NO.18 OF 5/91 EXT.P8. COPY OF THE ORDER DATED 20.7.06 ISSUED BY THE THIRD RESPONDENT. EXT.P9. COPY OF THE ORDER DATED 9.19.12.06 ISSUED BY THE SECOND RESPONDENT. EXT.P10 COPY OF THE CIRCULAR DATED 4.8.01 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS : NIL --------------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.7524 of 2007 ---------------------------------------------- Dated this the 18th day of July, 2011 JUDGMENT The petitioner is a retired employee of the Kerala State Electricity Board. He retired from service on 30.6.2004. While he was in service, by Ext.P4, he was directed to pay an amount of Rs.33,837/- as alleged liability due from him. The petitioner filed an appeal which was rejected by Ext.P8 order by the Chief Engineer. The petitioner took up the matter further before the Chairman of the Board and the Chairman also rejected the same by Ext.P9 order. The petitioner is challenging Exts.P4, P8 and P9 orders. 2. According to the petitioner, no amount is due from him as liability. He points out that the Material At Site Account (MASA) was to be maintained as per Ext.P1 procedure devised by the Board as early as on 4.11.1970 as per which the Material At Site Account has to be finalized within the time stipulated therein. According to him, the period during which the petitioner is sought to be mulcted with liability relates to the years 1990, 1991 to W.P.(C)No.7524/07 2 1996 and 1997 to 2000. It is only in 2004 Ext.P4 has been issued which is directly against Ext.P1 board order. He further points out that before the Chief Engineer, the petitioner had specifically requested for a chance to verify his Material At Site Account. According to him, the Chief Engineer has kept the appeal of the petitioner pending for the final report from the Deputy Chief Engineer, Electrical Section, Kalpetta. Even though he did not receive the same, he proceeded to reject the appeal filed by the petitioner. He further points out that in Ext.P9 order, the Chairman had not considered any aspect of the case and simply rejected the appeal by an order holding that the petitioner has not put forth any fresh points to interfere with the orders of the Chief Engineer. 3. The respondent has filed a counter affidavit seeking to justify the action. 4. I have considered the rival contentions in detail. In Ext.P8 the Chief Engineer has specifically stated thus: “ xxxx xxxx xxxx xxxx During personal hearing, he has requested to give him a chance to verify his Material at Sie Account. Considering his request, we have directed the Deputy Chief Engineer, Electrical Circle, Kalpetta to give him a chance for the re-verification of Material at Site Account. The decision on W.P.(C)No.7524/07 3 the appeal petition was pending for the final report from the Deputy Chief Engineer, Electrical Circle, Kalpetta”. The order does not say that after directing the Deputy Chief Engineer, Electrical Circle, Kalpetta to give him a chance for re-verification of the Material At Site Account and the appeal was kept pending for final report from the Deputy Chief Engineer, Electrical Circle, Kalpetta, whether he received such a report or not. The petitioner asserts that he was not given an opportunity to peruse his Material At Site Account as directed therein. 5. In the above circumstances, I am of opinion that Ext.P8 order and consequently Ext.P9 order are liable to be quashed. I do so. The petitioner shall be given an opportunity to verify his Material At Site Account and the Chief Engineer shall obtain final report from the Deputy Chief Engineer, Electrical Circle, Kalpetta and pass fresh orders, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.7524/07 4 W.P.(C)No.7524/07 5