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K. BABU
GEORGEKUTTY C. X. , S/O. VARGHESE – Appellant
Versus
CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LIMITED – Respondent
JUDGMENT :
(K. Babu, J.)
The prayers in this writ petition are as follows:-
(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 wa
Disciplinary proceedings against a Sub Engineer were deemed illegal as he acted without proper authorization, despite good faith efforts to fulfill duties.
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
A disciplinary authority may initiate proceedings for penalties if designated in the service rules, but the authority to impose major penalties lies with a separate designated officer.
Disciplinary proceedings require sufficient evidence to support allegations of misconduct; lack of evidence renders the proceedings flawed.
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
Point of law : even if the 'Regulations' had not been implemented by the KSEB, it was enjoined upon them to follow legally sanctioned procedure before the petitioner could have been condemned as guil....
Inspection under Section 126 Electricity Act vitiated if site mahazar prepared by Sub-Engineer instead of designated Assistant Engineer Assessing Officer.
The Disciplinary Authority is competent to initiate disciplinary proceedings for penalties specified in Clauses (v) to (ix) of Rule 11, even if not competent to impose the latter penalties.
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