IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WA.No. 1625 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.14317/2006 Dated 26/09/2007 .................... APPELLANT: RESPONDENT ----------------------------- KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY SECRETARY BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT: PETITIONER ------------------------------ AYYAPPAN ADICHAN, 57 YEARS, S/O.CHANDRAN, NATTAMCHIRA PUTHANPURAYIL HOUSE PURAKKANAM PATHANAMTHITTA (EX-ELECTRICITY WORKER,, MOZHIYAR, PATHANAMTHITTA). BY ADV. SRI K.S. MADHUSOODANAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA 1625/08 1 J.B. KOSHY & K.P. BALACHANDRAN, JJ. ---------------------------------------------------------------- Writ Appeal No 1625 of 2008 ---------------------------------------------------------------- Dated this the 7th August 2008 JUDGMENT Koshy, J. Writ petitioner, who belongs to Scheduled Tribe community, was engaged as CLR worker in the Electricity Board. He was regularised as an electricity worker with effect from 01.02.1971. While continuing in service, on the basis of a complaint he was served with Ext P1 memo of charges stating that he secured employment in the K.S.E. Board impersonating his uncle and it was his uncle who was entitled to be engaged as CLR worker on the basis of the earlier services. Writ petitioner submitted his objections and departmental enquiry was conducted. Enquiry Officer found that that impersonation was not established and misconduct was not proved. Accordingly further disciplinary proceedings were dropped. Writ petitioner retired from service on 31.10.2003, but just before his retirement a show cause notice was issued by the Chief Engineer for reopening the findings of the enquiry officer and reconsidering the punishment and finally Chairman passed an order removing him from WA 1625/08 2 service so that he can be denied of all the retirement benefits. Writ petitioner approached this court contending that the Chairman has no power to interfere with the disciplinary action already taken and concluded. The power of review vests only with the Board. A Division Bench of this court accepted the above contention and set aside the action taken against him. Thereafter the Board passed the impugned order. The Board can review the order only after compliance with the procedure and in this case no such procedure was complied with. The original complainant also died. Writ petitioner had worked till his date of superannuation and he had retired from service. In these circumstances, without complying with the procedure Ext P9 without any valid order passed by the Board was quashed by the learned single judge. We fully agree with the reasoning of the learned single judge and the appeal is dismissed. Sd/- J.B.KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 07/08/2008 en [true copy]