IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 10324 of 2005(D) --------------------------------------- PETITIONER: ------------------- K.V.MICHAEL, JUNIOR ASSISTANT ELECTRICAL DIVISION, MUVATTUPPUZHA, RTD. KURISUMTHOTTATHIL HOUSE, MAMMATTIKANAM P.O. PAZHAYAVIDUTHI KARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM, ADV. SMT.MABLE.C.KURIAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BAHVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, MUVATTUPPUZHA. 4. THE DEPUTY TAHSILDAR (RR), NEDUMKANDOM, IDUKKI DISTRICT. 5. THE VILLAGE OFFICER, RAJAKKADU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. ADV. SRI.C.K.KARUNAKARAN, S.C, KSEB FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10324/2005-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. DTD. 26/09/2003. EXT.P.2: COPY OF THE JUDGEMENT IN W.P.(C).NO.32139/03 OF THE HONOURABLE HIGH COURT DTD. 14/10/2003. EXT.P.3: COPY OF THE LETTER ISSUED BY THE R.2. TO THE PETITIONER DTD. 10/12/2003. EXT.P.4: COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE R.2. DTD. 17/12/2003. EXT.P.5: COPY OF THE ORDER PASSED BY THE R.2. DTD. 12/072004. EXT.P.6: COPY OF THE ORDER PASSED BY THE R.2. DD. 22/07/2004. EXT.P.7: COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE R.4. TO THE PETITIONER DTD. 21/02/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.10324 of 2005 ---------------------------------------------- Dated 29th October, 2008. J U D G M E N T Challenge is on Ext.P7 proceedings for recovery. The same is pursuant to Ext.P5 order passed by the Chief Engineer in the matter of recovery of certain amounts by way of liability. Petitioner retired from service on 31.8.2001. The allegation is that the petitioner misappropriated the energy charges payable by the Marayoor and Kanthalloor grama panchayats. It is seen from Ext.P5 order that a criminal case (C.C.106/97 on the file of the Judicial First Class Magistrate, Delikulam) was pending with regard to the alleged misappropriation of Board's money; but the petitioner was acquitted. Though certain recoveries were made while the petitioner was in service, it is the case of the respondents that a further amount of Rs.98,694/- is liable to the recovered. Despite several directions, there is no counter affidavit yet. The main contention of the petitioner is that no notice was issued as required under Rule 3 Part III K.S.R. before fixing such liability. Yet another contention is that his grievance regarding entitlement WP NO.10324/05 2 for full pay and allowances, in view of the acquittal was not considered. I find some force in the above contentions, going by Ext.P5 order. Therefore, the writ petition is disposed of as follows :- The recovery as ordered in Ext.P5 and the consequential Ext.P7 are quashed. Ext.P5 can be treated as a notice. It will be open to the petitioner to submit his explanation to the Chief Engineer within two months from today. Thereafter, the second respondent Chief Engineer shall afford an opportunity for hearing to the petitioner, advert to the contentions taken by him and pass a considered order within another four months. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.10324 of 2005 ---------------------------------------------- J U D G M E N T Dated 29th October, 2008.