S.Babujan Vs. the K.S.E. Board and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1009511
CourtKerala High Court
Decided OnDec-20-2012
JudgeHONOURABLE MR.JUSTICE B.P.RAY
AppellantS.Babujan
RespondentThe K.S.E. Board and Others
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice b.p.ray thursday, the 20th day of december 2012 29th agrahayana 193 wp(c).no. 37346 of 2007 (u) --------------------------- petitioner: ------------- s.babujan, assistant engineer (electrical) 66 k.v. sub station, k.s.e.board, mundakkayam. by advs.sri.krb.kaimal (sr.) sri.anil k.nair sri.b.unnikrishna kaimal sri.v.madhusudhanan sri.pramji paul vazhappilly respondents: ----------------- 1. the k.s.e.board, represented by its secretary, vydyuthi bhavan, pattom thiruvananthapuram.2. the chairman, k.s.e.board, -do- -do- 3. the chief engineer (h.r.m) -do- -do- r1to3 by adv. sri.k.s.anil, sc, kseb r1-3 by adv. sri. asok m.cheriyan, sc, kseb by adv. sri.pulikool abubacker, sc, kseb this writ petition (civil) having been finally heard on 20-12-2012, the court on the same day delivered the following: wp(c).no. 37346 of 2007 (u) :2. : appendix petitioner's exhibits: ext.p1 : true copy of the memo of charges no.ebvs- 4/37/2005/75 dated 23 01.2006 issued by the 3rd respondent to the petitioner. ext.p2 : true copy of the reply dated 18 03.2006 submitted by the petitioner to the 3rd respondent. ext.p3 : true copy of show cause notice no.ebvs- 4/37/2005/775 dated 27 10.2006 issued by the 3rd respondent to the petitioner. ext.p4 : true copy of the reply dated 05 12.2006 submitted by the petitioner to the 3rd respondent. ext.p5 : true copy of the order no.vig. bii- 3649/2005/1022 dated 16 04.2007 issued by the 2nd respondent. ext.p6 : true copy of the appeal dated 31 05.2007 submitted by the petitioner before the 1st respondent board. ext.p7 : true copy of the order bo(fb) no.2435/07 (bill.36492005)/2938 dated 26 10.2007 issued by the 1st respondent. respondents' exhibits: nil //true copy// p.a. to judge rv b.p. ray, j.- - - - - - - - - - - - - - - - - w.p.(c) no.37346 of 2007 - - - - - - - - - - - - - - - - dated this the 20th day of december, 2012. judgment the petitioner challenges exts.p5 and p7 orders whereby one increment of the petitioner without cumulative effect was barred for six months, in consequence of the disciplinary proceedings initiated against the petitioner. the 2nd respondent has filed an affidavit stating that the disciplinary proceedings against the petitioner has been dropped. therefore, nothing remains to be adjudicated in this writ petition. accordingly, this writ petition is closed. sd/- b.p. ray, judge. rv
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 WP(C).No. 37346 of 2007 (U) --------------------------- PETITIONER: ------------- S.BABUJAN, ASSISTANT ENGINEER (ELECTRICAL) 66 K.V. SUB STATION, K.S.E.BOARD, MUNDAKKAYAM. BY ADVS.SRI.KRB.KAIMAL (SR.) SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENTS: ----------------- 1. THE K.S.E.BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM.

2. THE CHAIRMAN, K.S.E.BOARD, -DO- -DO- 3. THE CHIEF ENGINEER (H.R.M) -DO- -DO- R1TO3 BY ADV. SRI.K.S.ANIL, SC, KSEB R1-3 BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB BY ADV. SRI.PULIKOOL ABUBACKER, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37346 of 2007 (U) :

2. : APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE MEMO OF CHARGES NO.EBVS- 4/37/2005/75 DATED 23 01.2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2 : TRUE COPY OF THE REPLY DATED 18 03.2006 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P3 : TRUE COPY OF SHOW CAUSE NOTICE NO.EBVS- 4/37/2005/775 DATED 27 10.2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4 : TRUE COPY OF THE REPLY DATED 05 12.2006 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P5 : TRUE COPY OF THE ORDER NO.VIG. BII- 3649/2005/1022 DATED 16 04.2007 ISSUED BY THE 2ND RESPONDENT. EXT.P6 : TRUE COPY OF THE APPEAL DATED 31 05.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT BOARD. EXT.P7 : TRUE COPY OF THE ORDER BO(FB) NO.2435/07 (BILL.36492005)/2938 DATED 26 10.2007 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.37346 of 2007 - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2012. JUDGMENT The petitioner challenges Exts.P5 and P7 orders whereby one increment of the petitioner without cumulative effect was barred for six months, in consequence of the disciplinary proceedings initiated against the petitioner. The 2nd respondent has filed an affidavit stating that the disciplinary proceedings against the petitioner has been dropped. Therefore, nothing remains to be adjudicated in this writ petition. Accordingly, this writ petition is closed. sd/- B.P. RAY, JUDGE. rv