The High Court of Kerala quashed an order dismissing a Section 127 appeal under KSEB rules without reasons or hearing, directing the Deputy Chief Engineer to consider an appeal on 29.04.2008.
Ext. P.9 quashed; petitioner directed to appear before Deputy Chief Engineer on 29.04.2008 for appeal consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930
WP(C).No. 766 of 2008(N)
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PETITIONER:
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BHARATH SANCHAR NIGAM LTD., REPRESENTED BY THE DIVISIONAL ENGINEER, KALLAMBALAM, TRIVANDRUM.
BY ADV. SRI.C.S.RAMANATHAN
RESPONDENTS:
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1. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE (U), POWER HOUSE BUILDING, TRIVANDRUM.
2. ASSISTANT ENGINEER, KSEB (ELECTRICAL SECTION), KILIMANKOOR.
3. ASSISTANT EXECUTIVE ENGINEER, ANTI POWER THEFT SQUAD, TRIVANDRUM.
BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.766/2008 N
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE MAHZAR DTD. 17/05/2007 ISSUED BY THE 3RD RESPONDENT. |
|---|---|
| EXT.P2; | COPY OF THE LETTER DTD. 18/05/2007 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P3: | COPY OF THE BILL DTD. 18/05/2007 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P4: | COPY OF THE REPRESENTATION DTD. 19/05/2007 SUBMITTED BY THE SUB DIVISIONAL ENGINEER TO THE 2ND RESPONDENT. |
| EXT.P5: | COPY OF THE APPEAL DTD. 21/05/2007 SUBMITTED BY THE SDE TO THE 1ST RESPONDENT. |
| EXT.P6: | COPY OF THE LETTER DTD.22/05/2007 ISSUED BY THE 1ST RESPONDENT. |
| EXT.P7: | COPY OF THE LETTER DTD. 07/06/2007 ISSUED BY THE 1ST RESPONDENT. |
| EXT.P8: | COPY OF THE REPRESENTATION DTD. 26/06/2007 SUBMITTED BY THE SDE TO THE 1ST RESPONDENT. |
| EXT.P9: | COPY OF THE ORDER DTD. 02/07/2007 OF THE 1ST RESPONDENT. |
| EXT.P10: | COPY OF THE ORDER DTD. 11/07/2007 OF THE 2ND RESPONDENT. |
| EXT.P11: | COPY OF THE REPRESENTATION OF THE SDE DTD. 18/07/2007 SUBMITTED TO THE 1ST RESPONDENT. |
| EXT.P12: | COPY OF THE REPRESENTATION DTD. 13/09/2007 SUBMITTED BY THE SDE TO THE 2ND RESPONDENT. |
/TRUE COPY/
P.A.TO JUDGE
Kss
THOTTATHIL B.RADHAKRISHNAN, J.
W.P(C).No.766 OF 2008
Dated this the 27th day of March, 2008
JUDGMENT
Petitioner is the BSNL. Anti Power Theft Squad of the Kerala State Electricity Board inspected the Telephone Exchange. It is stated that the Board authorities recorded that one of the three phases is not working. It was treated as a case under Section 126. Petitioner filed an appeal invoking Section 127. The Deputy Chief Engineer has dismissed it unfortunately stating no reasons. The case in hand requires that the petitioner is given an opportunity of hearing and if the decision is against the interest of the petitioner, the Deputy Chief Engineer has to state reasons thereof so that such decision can be subjected to judicial review. For the aforesaid reasons, Ext.P9 is quashed and the writ petition is disposed of directing that the petitioner will appear or cause appearance before the Deputy Chief Engineer on 29.4.2008 for listing and consideration of its appeal in accordance with law.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge
kkb.
2 issues framed by the court
Whether a penal appeal dismissed without reasons infringes principles of natural justice.
Whether the petitioner was afforded a hearing before the impugned order was passed.
2 provisions across 1 enactments
Bharath Sanchar Nigam Ltd.
Deputy Chief Engineer, Electrical Circle (U), Power House Building, Trivandrum
Assistant Engineer, KSEB (Electrical Section), Kilimankoor
Assistant Executive Engineer, Anti Power Theft Squad, Trivandrum
Thottathil B. Radhakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
