IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 8670 of 2011() ------------------------ PETITIONER(S): --------------- RAVEENDRAN.V., AGED 43 YEARS, S/O.LATE K.P.BALAKRISHNAN NAIR,KODOTH HOUSE, BEERANTHBAIL(KSEB),KASARAGOD. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------- 1. THE CHAIRMAN,KERALA STATE ELECTRICITY BOARD,VAIDUTHI BHAVANAM,PATTOM, THIRUVANANTHAPURAM 695 004. 2. CHIEF ENGINNER(HRM), KERALA STATE ELECTRICITY BOARD,VAIDUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004. 3. DEPUTY CHIEF ENGINEER,ELECTRICAL CIRCLE, KASARAGOD 671 121. 4. EXECUTIVE ENGINEER,KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, KANHANGAD 671 121. 5. ASSISTANT EXECUTIVE ENGINEER, KSEBOARD,ELECTRICAL SUB DIVISION, MAVUNGAL, KANHANGAD,KASARAGOD DISTRICT 671 121. ADV. SRI. K.S. ANIL, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 8670 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st day of March, 2011. J U D G M E N T On certain allegations of misconduct, by Exts.P5, P7, P8 and P10 orders, a punishment of barring of 3 increments with cumulative effect for 3 years and treating the period of suspension as suspension without any service benefits, has been imposed on the petitioner. The petitioner challenges the proceedings inter alia on the ground that the petitioner has not been served with a copy of the enquiry report in order to enable him to file a representation against the enquiry proceedings and the findings in the inquiry. 2. On 21.3.2011, I directed the standing counsel to get instructions as to whether the allegation that the enquiry report in the disciplinary proceedings against the petitioner has not been served on the petitioner is correct. Today, the learned standing counsel for the Board produces before me another copy of Ext. P3 containing the receipt of acknowledgment of the original of the same by the petitioner, in which the enquiry report has been added as one of the enclosures by manually endorsing therein. But, that endorsement is not seen in Ext. P3 show cause notice, which is the copy of the original received by the petitioner. As such, I am not quiet satisfied that along with Ext. P3, the enquiry report had been served on the petitioner. Even assuming that it has been so served, even then, Ext. P3 and further proceedings are violative of principles of natural justice insofar as the petitioner has not been given an opportunity to show cause against the enquiry proceedings and the enquiry report by the disciplinary authority. I say so because in Ext. P3, the disciplinary authority has categorically stated that he is fully satisfied that the enquiry has been conducted in strict compliance with the rules and principles of natural justice and that he completely agrees W.P(C) No. 8670 of 2011 -: 2 :- with the findings of the enquiry officer. The disciplinary authority could not have done the same without first supplying a copy of the enquiry report to the petitioner and giving him an opportunity to file his representation against the enquiry and the findings in the enquiry. Therefore, Ext. P3 and proceedings thereafter in the disciplinary proceedings against the petitioner are violative of the principles of natural justice and hence unsustainable. Accordingly, all proceedings pursuant to Ext. P3 are quashed and the writ petition is disposed of with the following directions: The disciplinary authority shall issue a fresh notice enclosing a copy of the enquiry report to the petitioner giving him an opportunity to show cause against the enquiry, the findings in the enquiry or proceedings and against the proposed punishment, if, ultimately, after considering the petitioner's representation in the matter the disciplinary authority is inclined to hold that the enquiry has been conducted in compliance with the rules and principles of natural justice and the findings are supported by evidence adduced in the enquiry. The petitioner shall file objections to the same within two weeks from the date of receipt of the notice. Thereafter, the respondents shall complete the disciplinary proceedings in accordance with law after considering the petitioner's representation in the matter. S. Siri Jagan, Judge. Tds/