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High Court of KeralaWP(C)/27963/2014disposed of

Subhash.R. v. Kerala State Electricity Board

2015-02-06Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 27963 of 2014 (U) ---------------------------- PETITIONER(S):

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1. SUBHASH.R. AGED 42 YEARS S/O.P. RAJAMMA, PADMALAYAM, PUZHAVATHU CHANGANCHERRY, PIN-686 101.

2. P.K.MUHAMMED ASHARAF AGED 45 YEARS S/O.AYAMU, PACHERIKUTH HOUSE, PALATHODE P.O.

PERINTHALMANNA, PIN-679 340.

3. SURESH BABU V.P.AGED 44 YEARS S/O.PANKU, VETTIKATTUPARAMBIL, ELAD P.O.

PERINTHALMANNA, MALAPPURAM DISTRICT-679 340.

BY ADVS.SRI.RAJ MOHAN R.PILLAI SRI.RAVI KRISHNAN RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVANAM, PATTOM PALACE P.O.

THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN-695 007.

2. THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVANAM PATTOM PALACE P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN-695 007.

3. THE SUB INSPECTOR OF POLICE PERINTHALMANNA POLICE STATION MALAPPURAM DISTRICT-679 322.

Addl.4. DEPUTY SUPERINTEND OF POLICE VIGILANCE AND ANTI-CORRUPTION BUREAU KOTAPPADY JUNCTION, MALAPPURAM, MALAPPURAM DISTRICT.ADDL.R4 IMPLEADED AS PER ORDER DATED 08.01.2015 IN IA 16297/14. R BY GOVERNMENT PLEADER : SRI M A FAYAZ SR.

R BY SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27963 of 2014 (U) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXT.P1.TRUE COPY OF THE PROCEEDINGS NO.VIG/B15750/05/590 DATED 10/3/2014 OF THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.27963 of 2014 ============================ Dated this the 06th day of February, 2015

JUDGMENT

Petitioners have approached this Court seeking a direction to implement Ext.P1 order passed by the first respondent Kerala State Electricity Board. By Ext.P1 proceeding, Chairman and Managing Director ordered that suspended period of the petitioners shall be regularized. This order was passed on 10.03.2014. Petitioners submit that in spite of such order, no action has been taken to implement the same. Petitioners submit that in the disciplinary proceedings, petitioners have been exonerated. Accordingly, petitioners approached this Court.

2.

The Board, it seems has not taken any action for the reason of pendency of criminal case.

3.

Learned Government Pleader on instruction submits that on investigation by the Vigilance Department, it was found that no crime is made out against the petitioners and the matter is sent back to the Crime Detachment Department of Police. 4.

In this matter, on enquiry it seems vigilance department found that no case is made out against the petitioners and no case is sustainable against the petitioners under the provisions of the

W.P(C).No.27963 of 2014 Prevention of Corruption Act, 1947.

5.

In the light of the decision taken by the Chairman and Managing Director, petitioners suspension period shall be regularized. However, interest of the Board is also required to be safeguarded. There is no impediment in regularization of suspension period subject to outcome of any criminal case. If petitioners are found guilty of any offence, department is free to take appropriate action against the petitioners. Needful shall be done within a period of six weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/06/02/15