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Karnataka High Court
SHIVALINGAIAH - Appellant
Versus
SUPERINTENDENT ENGINEER (ELECTRICAL) AND chairman, K.E.B., HOUSE ALLOTMENT COMMITTEE, bangalore - Respondent
Decided On : 11-23-99
Penal Rent - Employee Rights - Karnataka Electricity Board Accounts Manual, Volume I, Paragraphs 38.01 and 38.02 - The court considered the legality of the regulations framed at Paragraphs 38.01 and 38.02 in the Accounts Manual, Volume I with reference to the provisions of the Electricity Supply Act, 1948. It held that the regulations were not valid in law and had no statutory force, and therefore were not binding upon the employees of the Board.
Fact of the Case:
The petitioner, a Karnataka Electricity Board employee, sought to quash a notice demanding penal rent and requested a refund of the amount deducted from his salary. The petitioner argued that the notice was discriminatory and violated Article 14 of the Indian Constitution. The Board justified its action by referring to regulations empowering it to recover penal rent from employees who continued to occupy quarters after transfer or termination of service.
Finding of the Court:
The court found that the regulations at Paragraphs 38.01 and 38.02 of the Accounts Manual, Volume I were not valid in law and had no statutory force. It held that the notice demanding penal rent was quashed, and the Board was directed to refund the deducted amount to the petitioner.
Issues: The key issues were the validity of the regulations empowering the Board to recover penal rent and the discriminatory nature of the notice issued to the petitioner.
Ratio Decidendi: The court's decision was based on the finding that the regulations at Paragraphs 38.01 and 38.02 were not preceded by a valid Board resolution as required under the Electricity Supply Act, 1948. It also held that the regulations were not binding upon the employees of the Board.
Final Decision: The writ petition was allowed, and the impugned notice demanding penal rent was quashed. The respondent-Board was directed to refund the deducted amount to the petitioner.
( 1 ) THE petitioner who is a Karnataka Electricity Board Employee has filed this writ petition seeking for issuance of a writ of certiorari to quash the notice dated 22-1-1998 Annexure-D and further sought for issuance of a writ of mandamus to the respondent to collect the normal rent as per the rules and further direction to the respondent to refund the penal rent recovered from the petitioner urging various facts and legal contentions.
( 2 ) THE petitioner is working as Junior Engineer (Electrical) at Banasavadi muss of the respondent-Board. He was allotted a quarters for his occupation and he has been residing in the said quarters along with his aged parents and two unemployed brothers and a son. On 26-6-1995 he has been transferred to Kaggalipura Section Office from Banasavadi office of the respondent-Board. It is his case that the quarters situated at Kaggalipura was not suitable for him and his family occupation. Therefore, he represented to the Assistant Executive Engineer vide his letter dated 8-2-1997 and also enclosed another letter to the Executive engineer, K. E. B. Rural Division, Bangalore South, K. R. Circle, Bangalore on 8-2-1997 requesting them to permit in the quarters till May 1998. The petitioner was informed vide letter dated 8-2-1997 issued by the Executive Engineer, K. E. B. Rural Division, Bangalore South refering to Paras 38. 01 and 38. 02 of the K. E. B. Accounts Manual, Volume I stating that he has failed to vacate the quarters allotted to him on his transfer, hence he is liable to pay penal rent at 20% of the gross salary for the period from February 1997 to April 1997 and 50% of the gross salary from May 1997 shall be recovered from him besides initiating disciplinary action against him as per the provisions of K. E. B. Employees (CDC and A) Regulations, 1987. The petitioner represented to his official superiors stating his difficulties for not occupying the quarters at kaggalipura and not vacating the quarters at Banasavadi. Therefore, he has submitted representation to the Assistant Executive Engineer, Rural division, South vide his letter dated 20-9- 1997 and also addressed to the Executive Engineer, K. E. and, Rural Division South, giving 2 alternatives by him as per his letter stating that either he may be permitted to continue in the quarters at Banasavadi till May 1998 or transfer him to any place in Bangalore vide Annexure-B. In turn, the said Executive engineer addressed a letter to the Superintendent Engineer (Electrical), bangalore Circle-I, recommending the request of the petitioner to continue him in the residential quarters in Banasavadi at normal rent upto the end of the academic year vide Annexure-C.
( 3 ) WHEN the facts stood thus the petitioner has received a letter from the Chairman, House Allotment Committee who is also the Superintendent engineer of Bangalore Circle-II, calling upon the petitioner to vacate the quarters immediately, failing which the disciplinary action as per K. E. B. Employees C. D. C. Regulations, 1987 will be initiated against him, besides imposing the penal rent as per the Board Rules. It is alleged in the petition by the petitioner that the Chairman of the House allotment Committee was biased towards the petitioner, therefore he has not considered the recommendations made by the Executive Engineer to him for continuing the petitioner in the premises till May 1998 and further stated though there are several precedents of not vacating the quarters by other similarly placed employees of the Board who have been continuing in occupation, against them either disciplinary action was taken or penal rent was recovered from them by the Board. He has given instances of such cases. Mr. Balakrishna, employee of the Board who has vacated the quarters after 7 years after he has retired from his services in the year 1990, no penal interest is recovered from him though he has called upon to do so, which was occupied by him during 1989. Similarly, anoth
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