Rajeshkumar S.G, vs Kerala State Electricity Board Represented by Its Secretary

Type Court Judgment Court Kerala Orders Decided Feb 28, 2023

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https://sooperkanoon.com/case/1334567

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Citation: sooperkanoon.com/1334567
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Feb 28, 2023
Case Number: WP(C)/2384/2021

Parties & Advocates

Appellant / Petitioner

Rajeshkumar S.G,

Respondent

Kerala State Electricity Board Represented by Its Secretary

Excerpt

.....petitioner dated 13.06.2017. exhibit p4 true copy of the enquiry report findingthat there was no purposeful intention of giving service connection to other applicants/person nor any financial benefit to anybody in the above lapse is proved in the enquiry and that was only because of the difficult nature of the area, in which connections were to be effected and for achieving maximum progress in total electrification programme.exhibit p5 true copy of the relieving letter dated 31.07.2019 issued to the petitioner. exhibit p6 true copy of the show cause notice issued to the petitioner dated 18.09.2019. exhibit p7 true copy of the explanation to the show cause notice submitted by the petitioner dated 19.10.2019. exhibit p8 a true copy of the order dated03.12.2019 cancelling all proceedings/orders leading to ext.p4 finalized enquiry for the reason that the 4th respondent has no power to conduct enquiry against on officer holding the rank of asst.executive engineer.exhibit p9 true copy of the provisional pensionary claims sanctioning 50% of the admitted pension of the petitioner. w.p(c) no.2384 of 2021 5 exhibit p10 the true copy of the representation dated 09.11.2020 submitted by the petitioner. exhibit p11 the true copy of the memo of charges dated 20.03.2020 issued to the petitioner. exhibit p12 the true copy of the explanation submitted by the petitioner. exhibit p13 the true copy of the hearing notice dated 17.11.2020. exhibit p14 the true copy of the order dated 15.09.2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 WP(C) NO. 2384 OF 2021 PETITIONER: RAJESHKUMAR S.G, AGED 57 YEARS S/O.P.K.GOPALAN NAIR, FORMER ASSISTANT ENGINEER, KSEBL, ELECTRICAL SECTION, CHITHIRAPURAM, IDUKKI DISTRICT, RESIDING AT CHITHIRA, MIG 98, KUSUMAGIRI P.O., KAKKANAD, ERNAKULAM DISTRICT, PIN-682030. (EMPLOYEE CODE 1044239). BY ADV C.R.SANISH RESPONDENTS: 1 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, 2 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD, 3 THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER (DISTRIBUTION CENTRAL), D H ROAD, ERNAKULAM-682016. 4 THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, THODUPUZHA, PIN-685584.

W.P(C) No.2384 of 2021 2 5 THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER (HUMAN RESOURCES MANAGEMENT), BY SRI.ASOK M.CHERIAN FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.2384 of 2021 3

JUDGMENT

Dated this the 28th day of February, 2023 In view of the Not Press Memo dated 24.01.2023 filed by the counsel for the petitioner, the writ petition is dismissed as not pressed. Sd/- N. NAGARESH JUDGE sss W.P(C) No.2384 of 2021 4 APPENDIX OF WP(C) 2384/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMO OF CHARGES DATED 27.02.2017 ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATED 22.03.2017. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 4TH

RESPONDENT, DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, THODUPUZHA ORDERING ENQUIRY AGAINST THE PETITIONER DATED 13.06.2017. EXHIBIT P4 TRUE COPY OF THE ENQUIRY REPORT FINDING

THAT THERE WAS NO PURPOSEFUL INTENTION OF GIVING SERVICE CONNECTION TO OTHER APPLICANTS/PERSON NOR ANY FINANCIAL BENEFIT TO ANYBODY IN THE ABOVE LAPSE IS PROVED IN THE ENQUIRY AND THAT WAS ONLY BECAUSE OF THE DIFFICULT NATURE OF THE AREA, IN WHICH CONNECTIONS WERE TO BE EFFECTED AND FOR ACHIEVING MAXIMUM PROGRESS IN TOTAL ELECTRIFICATION PROGRAMME.

EXHIBIT P5 TRUE COPY OF THE RELIEVING LETTER DATED 31.07.2019 ISSUED TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE PETITIONER DATED 18.09.2019. EXHIBIT P7 TRUE COPY OF THE EXPLANATION TO THE SHOW CAUSE NOTICE SUBMITTED BY THE PETITIONER DATED 19.10.2019. EXHIBIT P8 A TRUE COPY OF THE ORDER DATED

03.12.2019 CANCELLING ALL PROCEEDINGS/ORDERS LEADING TO EXT.P4 FINALIZED ENQUIRY FOR THE REASON THAT THE 4TH RESPONDENT HAS NO POWER TO CONDUCT ENQUIRY AGAINST ON OFFICER HOLDING THE RANK OF ASST.EXECUTIVE ENGINEER.

EXHIBIT P9 TRUE COPY OF THE PROVISIONAL PENSIONARY CLAIMS SANCTIONING 50% OF THE ADMITTED PENSION OF THE PETITIONER. W.P(C) No.2384 of 2021 5 EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DATED 09.11.2020 SUBMITTED BY THE PETITIONER. EXHIBIT P11 THE TRUE COPY OF THE MEMO OF CHARGES DATED 20.03.2020 ISSUED TO THE PETITIONER. EXHIBIT P12 THE TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER. EXHIBIT P13 THE TRUE COPY OF THE HEARING NOTICE DATED 17.11.2020. EXHIBIT P14 THE TRUE COPY OF THE ORDER DATED 15.09.2020.

Same Court & Year Kerala Orders · 2023 Same Parties Rajeshkumar S.G, vs Kerala State Electricity Board Represente... Same Judge Honourable Mr.Justice N.Nagaresh