IMPORTANT POINT
Disciplinary proceedings against a Sub Engineer were deemed illegal as he acted without proper authorization, despite good faith efforts to fulfill duties.

JUDGMENT :

(K. Babu, J.)

The prayers in this writ petition are as follows:-

“(i) To issue a writ of certiorari or such other appropriate writ, order or direction calling for the records relating to P1, P4, P5, P8 and P10 and to quash them.

(ii) To declare that the entire disciplinary proceedings against the petitioner are illegal and violative of all rules relating to disciplinary proceedings.

(iii) To grant such other reliefs that may be deemed just and proper by this Honourable court and to allow this writ petition with costs.”

2. The petitioner challenges the disciplinary proceedings initiated against him by the competent authority in the Kerala State Electricity Board Limited.

3. The facts leading to this writ petition are as follows:-

3.1. The petitioner is a Sub Engineer in the Kerala State Electricity Board Limited (KSEBL). He was working as such in the Section office of the KSEBL at Aranmula during the period from 15.7.2010 to 16.8.2012. One Mr.K.P.Mohanan was the Assistant Engineer in the Section office. He went on leave from 2.8.2011 to 15.8.2011 after giving Charge Transfer Certificate (CTC) to the petitioner till 15.8.2011. Sri.K.P.Mohanan rejoined duty on 16.11.2011, but he was placed under suspension from that day onwards.

3.2. On 18.8.2011, the Anti Power Theft Squad, Thiruvalla inspected the premises of Consumer No.3367 under the Aranmula Section office. The inspection team wanted the petitioner to accompany them for preparing the mahazar. The petitioner accompanied the team and prepared the mahazar as per their instructions.

3.3. On or after 16.8.2011, the Assistant Engineer of the Aranmula section office or any other higher officials did not issue CTC or any other authorization transferring the charge of the Assistant Engineer to the petitioner. As per SRO No.229/2005 issued by the Government of Kerala, the Assistant Engineer of the concerned section office of the KSEB is the assessing officer under Section 126 of the Electricity Act, 2003. The authority competent to issue a provisional assessment order was the Assistant Engineer of the section office concerned. The presence of the assessing officer is not mandatory at the time of inspection and preparation of mahazar. 3.4. Later, the Chief Engineer (HRM) issued a memo of charges and statement of allegations dated 26.4.2017 to the petitioner, mainly alleging delay on his part to issue the provisional assessment order under Section 126 of the Electricity Act to Consumer No.3367 pursuant to the inspection dated 18.8.2011. The petitioner submitted a reply to the memo of charges and the statement of allegations contending that he never had the power of the Assistant Engineer from 16.8.2011 onwards and, therefore, was incompetent to issue a provisional assessment order. He further contended that as no competent officer was present in the section, in the interest of the institution, he issued a provisional assessment order. He further stated that he was in no way responsible for the delay in the preparation of the provisional assessment order. Pursuant to the memo of charges and not satisfied with the reply submitted by the petitioner, the disciplinary authority proceeded against him. The Chief Engineer (HRM), as per order dated 15.6.2021, imposed the punishment of barring one increment without cumulative effect for one year and ordered recovery of Rs.73,606/-with applicable interest from 26.9.2011 onwards (Ext.P8). The petitioner challenged Ext.P8 by filing an appeal before the Chairman of the KSEBL. The Chairman, after hearing the matter, rejected the appeal but reduced the punishment of barring one increment without cumulative effect for one year to that of “Censure on Record” and ordered recovery of Rs.73,606/- with applicable interest from 26.09.2011 onwards. The petitioner has approached this Court after exhausting all the efficacious remedies.

4. I have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Kerala State Electric