IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11810 of 2009(U) -------------------------- PETITIONER(S): --------------- P.SOMARAJAN, ASSISTANT ENGINEER, ELECTRICAL SECTION, CHANGARAMKULAM, MALAPPURAM DISTRICT. BY ADVS. SRI.N.DHARMADAN, SENIOR ADVOCATE SMT.D.P.RENU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, ELECTRICITY,SECRETARIAT,THIRUVANANTHAPURAM. 2. CHAIRMAN,K.S.E.B., VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER, HUMAN RESOURCES MANAGEMENT, KSEB.,VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 4. DEPUTY CHIEF ENGINEER, K.S.E.B.,VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 5. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PONNANI. GOVERNMENT PLEADER SRI. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 11810 of 2009 --------------------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The petitioner is now working as Assistant Engineer in the Electrical Division, Changaramkulam, Ponnani in Malappuram District. He was suspended on 5.9.2005, alleging that there is dereliction of duty and accordingly a Charge Memo Ext.P2 was issued to him. The petitioner filed objections to the same. Finally the Deputy Chief Engineer appointed an enquiry officer who conducted the enquiry and submitted a report in the matter (Ext.P5). Ext.P7 is the final order passed by the Executive Engineer barring of next one increment without cumulative effect and recovery of an amount of Rs.89,340/- being 1/3rd of the amount lost by way of theft with upto date interest has been imposed against him. 2. The petitioner has filed Ext.P10 appeal before the Chairman of the Electricity Board against the said order. Presently, the petitioner is aggrieved by Ext.P1 whereby it is proposed to effect recovery of 1/3rd of the total loss i.e.Rs.89,340/- by resorting to monthly instalment of Rs.3,000/- from his salary in implementation of Ext.P7(2). 3. The learned counsel appearing for the petitioner submits that since the appeal is yet to be disposed of there is no justification to effect recovery in the meanwhile. Heard the learned Standing Counsel for the Board also. wpc:11810/2009 2 There will be a direction to the 2nd respondent to hear and dispose of Ext.P10 appeal within a period of three months from the date of receipt of a copy of this judgment. Further action pursuant to Ext.P1 will be kept in abeyance till orders are passed on the appeal. The petitioner will produce a copy of the writ petition along with the copy of judgment before the 2nd respondent for compliance. T.R.RAMACHANDRAN NAIR, JUDGE bps