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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE D. K. SINGH, J
Joseph Froid Periara – Appellant
Versus
Kerala State Electricity Board – Respondent
JUDGMENT :
(D.K. SINGH, J.)
The petitioner, who was working as Overseer, 66KV Sub Station, Njarakkal, has approached this Court in the present writ petition, challenging the punishment order of compulsory retirement dated 13.10.2022 as well as the order dated 09.02.2023 passed by the Chairman / Managing director in appeal preferred by the petitioner against the said punishment order. The petitioner was suspended from service vide the order dated 19.06.2006, while he was working as Lineman Grade I of Electrical Section Central, Ernakulam for the alleged theft of electric energy deducted at three commercial institutions at Ernakulam and at the premise of another Board employee, Sri. A.G Dinesh during the Anti Power Theft Squad (APTS) inspection conducted by the Kottayam unit.
2.The preliminary enquiry conducted by the Assistant Executive Engineer, APTS, disclosed in the findings that the petitioner, in connivance with Sri. A G Dinesh had tampered with the energy meters for illegal gratification. The statement of the consumers recorded during the surprise check and the confessional statement of the employees shed light on the illegal nexus of the Board employees with certain consumers. T
The court upheld the punishment of compulsory retirement, affirming that procedural fairness was maintained throughout the disciplinary proceedings despite the petitioner's claims of injustice.
The framing of charges by an Enquiry Officer does not invalidate disciplinary proceedings, and modified punishments can be upheld if deemed proportionate.
The court held that disciplinary authority's punishment must be proportionate to the misconduct, and failure to adhere to natural justice principles can warrant judicial intervention.
The court upheld the dismissal of an employee for negligence, affirming that disciplinary proceedings complied with procedural fairness and substantiated charges.
The requirement of providing a reasonable opportunity to the employee and considering past conduct with notice to the employee in disciplinary proceedings.
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and examination of evidence, as mandated by applicable regulations.
The court upheld the disciplinary authority's decision on compulsory retirement, emphasizing limited judicial review regarding the appropriateness of punishment imposed, unless it is found to be shoc....
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