The High Court of Kerala disposed of a writ petition challenging a disciplinary order barring an increment. The Court held that since a statutory appeal was already pending before the lower authority, no writ relief was necessary.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 9TH DAY OF JANUARY 2018 / 19TH POUSHA, 1939
WP(C).No. 757 of 2018
PETITIONER:
P. AJI NAIR, S/O LATE N. PARAMESWARAN PILLAI, AGED 52 YEARS, WORKING AS OVERSEER, ELECTRICAL SECTION, KULAKKADA, KOTTARAKARA, KERALA STATE ELECTRICITY BOARD LTD., RESIDING AT VAISNAVAM, THAMARAKUDY P.O., KALAYAPURAM VIA, KOLLAM DISTRICT-691 560.
BY ADV.SRI.T.T.RAKESH
RESPONDENTS:
1. KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001.
2. THE CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD LTD., VAIDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695 001.
BY SRI.M.K. THANKAPPAN, SC SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 757 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 A TRUE COPY PROCEEDINGS ELECTRICAL PETITIONER |
OF THE FINAL ORDERS OF DISCIPLINARY OF DEPUTY CHIEF ENGINEER, CIRCLE, KOTTARAKARA AGAINST THE DATED 09/06/2017 |
|---|---|
| EXHIBIT P2 A TRUE COPY PETITIONER 18/09/2017. |
OF THE APPEAL SUBMITTED BY THE BEFORE THE SECOND RESPONDENT DATED |
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY P.S. TO JUDGE
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P.V.ASHA, J.
W.P.(C) No.757 of 2018
Dated this the 9th day of January, 2018
JUDGMENT
The petitioner who is working as Overseer in KSEB is aggrieved by Ext.P1 order by which a punishment of barring of one increment with cumulative effect is awarded to him along with recovery of a sum of Rs.8,154/-. The petitioner submits that Ext.P2 appeal has already been submitted against Ext.P1 order and the same is pending before the 2nd respondent.
Since the petitioner has already submitted a statutory appeal, the writ petition is disposed of, directing the 2nd respondent to pass orders on Ext.P2 appeal after affording an opportunity of hearing to the petitioner within a period of six weeks from the date of receipt of a copy of the judgment.
Sd/- P.V.ASHA JUDGE
rkc
1 issue framed by the court
Whether a writ petition challenging a disciplinary order barring increment is maintainable when a statutory appeal is pending.
P. Aji Nair
Kerala State Electricity Board Limited
The Chief Engineer (HRM)
P. V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
