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M.K.Unnikrishnan v. the Kerala State Electricity Board

Kerala HC19 Dec 2016WP(C)/7183/2014

Case brief

AI extract

What is this about?

The Court directed the Kerala State Electricity Board to consider the petitioner's case for probation declaration within two months, noting that a related criminal case against him is stayed by this Court.

What did the court decide?

Directed the 2nd respondent to consider the petitioner's case for declaration of probation and pass orders within two months from receipt of this judgment.

M.K.Unnikrishnan Vs the Kerala State… — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 19TH DAY OF DECEMBER 2016/28TH AGRAHAYANA, 1938

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WP(C).No. 7183 of 2014 (W)

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PETITIONER:

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M.K.UNNIKRISHNAN, MAZDOOR, KERALA STATE ELECTRICITY BOARD, CHERPU SECTION, THRISSUR DISTRICT. BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA

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RESPONDENT(S):

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1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM 695001.

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2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, VYDUTHI BHAVAN, THRISSUR 680001.

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3. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE,IRINJALAKUD 680015.

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4. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,CHERPU, THRISSUR DISTRICT 680101.

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BY ADV. SMT ANITHA A.G. SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 7183 of 2014 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1.TRUE COPY OF THE ADVISE MEMO DATED 24/9/2008 ISSUED TO THE PETITIONER

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EXHIBIT P2.TRUE COPY OF THE MEMO DATED 5/10/2008 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P3.TRUE COPY OF JOINING REPORT DATED 30/10/2008.

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EXHIBIT P4.TRUE COPY OF THE FINAL REPORT IN CC NO.435/209 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA.

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EXHIBIT P5.TRUE COPY OF THE LETTER DATED 7/2/2009 ISSUED BY THE SUPERINTENDENT OF POLICE, THRISSUR.

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RESPONDENT(S)' EXHIBITS NIL

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/TRUE COPY/

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P.A.TO JUDGE

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K.V.

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ANU SIVARAMAN, J.

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W.P(C).No. 7183 of 2014

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Dated this the 19^th December, 2016

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JUDGMENT

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The claim of the petitioner in this writ petition is for declaration of his probation. The petitioner states that he was appointed as Mazdoor in the Kerala State Electricity Board in the year 2008. It appears that on the ground that there is a criminal case pending against the petitioner alleging offence punishable under Section 498(A) IPC, the petitioner's probation has not been declared.

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Heard learned counsel for the petitioner and the learned Standing Counsel for the Kerala State Electricity Board.

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It is stated in the counter affidavit filed by the 2^nd respondent that no orders have been rendered by the respondents with regard to the declaration of probation of the petitioner. It is stated by learned counsel for the petitioner that further proceedings in the criminal case against the petitioner stands stayed by this Court. In the above view of the matter, I am of the opinion that the question of declaration of probation of the petitioner cannot be left unconsidered indefinitely by the respondents.

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WP(C).7183/14

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In the result, the writ petition is disposed of directing the 2^nd respondent to consider the case of the petitioner for declaration of probation and pass orders thereon within a period of two months from the date of receipt of a copy of this judgment.

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ANU SIVARAMAN JUDGE

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vgs23/12

M.K.Unnikrishnan v. the Kerala State Electricity Board

Case brief

What is this about?

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M.K.Unnikrishnan v. the Kerala State Electricity Board

Case brief

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