IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WA.No. 93 of 2009() ------------------- AGAINST THE JUDGEMENT IN WPC.28184/2008 Dated 20/10/2008 .................... APPELLANT/PETITIONER: ------------------------ M.SHEREEF, ASSISTANT ENGINEER,110 K.V. SUB STATION, K.S.E.B,PUNNAPPRA, ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS/RESPONDENTS: -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF POLICE, VIGILANCE AND SECURITY, K.S.E.B, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER,ELECTRICAL CIRCLE, K.S.E.B, ALAPPUZHA. 4. THE EXECUTIVE ENGINEER,ELECTRICAL DIVISION, ALAPPUZHA. 5. THE ASSISTANT EXECUTIVE ENGINEER, MAJOR TRANSMISSION SECTION, PUNNAPRA, ALAPPUZHA. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1,3TO5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... Writ Appeal No.93 of 2009 .................................................................... Dated this the 9th day of March, 2010. JUDGMENT Raman, Ag. C.J. Appeal is directed against the judgment of the learned Single Judge in W.P.(C) No.28184/2008. Appellant was the petitioner. While working as an Assistant Engineer in the K.S.E.B., the appellant occupied residential quarters, but did not remit the rent from his pay, though he was a self-drawing officer. He was also claiming House Rent Allowance. This was noticed by the employer and he was directed to pay the amount due from him and the same was recovered along with interest. The same was challenged before this court. The learned Single Judge considered the matter and found that challenge against Exts.P4,P5,P8 and P9 cannot be sustained. 2. We heard learned counsel appearing for the appellant as also the respondents. The admitted position is that he was a self-drawing officer and he did not deduct from his pay the rent due to be paid to the employer as he was occupying the quarters allotted by the Board. Not W.A. NO.93/2009 2 only that, he was also claiming HRA. It cannot be said that he is innocent and he did it due to some ignorance. If it was not detected, probably he would have gone unscathed even without recovering the amount by the employer. Therefore, when amounts are to be paid admittedly by him, the proceedings for recovery of the amount along with interest is perfectly right. We do not find any ground to interfere with that order. However, pursuant to that, the respondents have also initiated disciplinary proceedings. Subsequently the appellant retired from service also. The short question before us is whether disciplinary proceedings is to be continued or not. Prima facie, there is no legal impediment in the proceedings initiated. In the order passed by the Lok Ayuktha in the complaint filed by the appellant, it was observed that the appellant knowing fully well that he was not entitled to get the HRA, received the same and that the respondents should have initiated disciplinary action against the appellant. Probably this would have prompted the employer to take disciplinary action. Anyway the finding of the learned Single Judge that the the employer cannot be faulted for initiating disciplinary action is found to be correct and no W.A. NO.93/2009 3 interference is called for. However, whether or not it should be continued is still open to be considered by the employer and if a representation is made in that behalf by the appellant, the Board may consider the same. However, if the Board decides to continue with the enquiry, same may be completed within a period of three months. The question as to whether Board is to discontinue the disciplinary action or not is left to be decided by them. Appeal is disposed of as above. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms