IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 2613 of 2009(J) ------------------------- PETITIONER(S): --------------- V. SURESH LAL, LINEMAN GRADE-I, ELECTRICAL SECTION, KSEB, PATHANAPURAM, ELECTRICAL DIVISION, KOTTARAKKARA, (UNDER SUSPENSION) BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, PATHANAPURAM. 2. THE ASST. EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, PATHANAPURAM. 3. THE DEPUTY CHIEF ENGINEER, ELECTIRAL CIRCLE, KSEB, KOTTARAKKARA. 4. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 5. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 6. SRI.S.G. SURESHKUMAR, PRESENTLY WORKING AS ASST. ENGINEER, ELECTRICAL SECTION, PATHANAPURAM. 7. SRI.D. MANOJ, WORKING AS ASST. EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, PATHANAPURAM. WP(C).No. 2613 of 2009(J) 8. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KSEB, KOTTARAKKARA. 9. ASST. EXECUTIVE ENGINEER (I/C), ELECTRICAL DIVISION, KSEB, KOTTARAKKARA. 10. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. STANDING COUNSEL, ADV.SRI.K.S.ANIL FOR K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2613/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of February, 2009 J U D G M E N T When the matter came up for admission, the Standing Counsel was directed to get instructions whether Ext.P21 has been received by the concerned respondent. It is now reported that the fourth respondent has received Ext.P21 on 15/01/2009. 2. Ext.P21 is an appeal filed by the petitioner challenging the punishment by way of Ext.P19. Ext.P19 has been issued by the Deputy Chief Engineer, Electrical Circle, Kottarakkara. The same was issued after a detailed departmental enquiry initiated against the petitioner. The disciplinary authority has ordered that the next three annual increments against the petitioner are barred with cumulative effect. This is challenged in Ext.P21 before the Chief Engineer, HRM. The petitioner has raised various contentions in this writ petition especially that the entire proceedings against him are really without proper application of mind and in violation of law. 3. Heard the learned Standing Counsel for the respondents and the learned counsel for the petitioner. W.P.(C) No.2613/2009 -:2:- 4. In the light of the fact that the appeal is pending before the Statutory authority, this Court at this stage is not going into the merits of the matter. The learned Standing Counsel submitted that the appeal will be disposed of within one month from the date of receipt of the copy of this judgment. The learned Standing Counsel also submitted that by letter dated 29/01/2009, the Chief Engineer, (HRM) has instructed the Deputy Chief Engineer to review the case and issue revised proceedings by reinstating him in service and regularise the period of suspension as per rules. The same is recorded. The learned counsel for the petitioner submitted that the petitioner may be offered a personal hearing before the appeal is disposed of. The learned counsel for the petitioner further submitted that the Chief Engineer as per Ext.P20 had granted promotion to 95 Lineman Grade-I to the post of Overseer (Electrical), in which the petitioner has been included serial No.83. He has been posted to Transmission Circle, Thrissur. But this order has not been implemented so far. The same may be due to the pendency of the departmental proceedings. It is therefore, prayed that appropriate directions may be issued to implement Ext.P20. 5. The Chief Engineer (HRM) will consider the implementation of Ext.P20, as far as the petitioner is concerned, pending consideration of W.P.(C) No.2613/2009 -:3:- Ext.P21 statutory appeal. There will be a direction to the fourth respondent to consider and pass orders on Ext.P21 within one month from the date of receipt of the copy of this judgment after affording an opportunity of hearing to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms