A.G.Dinesh v. Kerala State Electricity Board Ltd.
Case brief
What is this about?
Petitioner challenged an order reducing his pension by 50% after compulsory retirement. The Court set aside the order imposing pension reduction without a specific hearing and directed the Authority to decide pension after affording a fresh opportunity of hearing.
What did the court decide?
Ext.P2 set aside; Chairman and Managing Director directed to take a fresh decision on pension after affording the petitioner an opportunity of being heard.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942
WP(C).No.6725 OF 2020(M)
PETITIONER:
A.G.DINESH, FORMER SENIOR SUPERINTENDENT, K.S.E.B ELECTRICAL DIVISION, CHALAKUDY, (RESIDING AT KATTILAMPARAMBU, VATTEKKUNNAM, EDAPPALLY NORTH, KOCHI-682 024).
BY ADVS.
DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.
Issues for consideration
3 issues framed by the court
Whether the Chairman and Managing Director could validly issue an order reducing the petitioner's pension via Ext.P2 given that Ext.P1 was silent on pension reduction.
Whether the reduction of pension imposed by Ext.P2 amounts to double jeopardy under constitutional imperatives.
Whether the Authority must afford a fresh opportunity of hearing to the petitioner before deciding on the pension reduction.
Parties & counsel
- petitioner
A.G.DINESH
- respondent
KERALA STATE ELECTRICITY BOARD LTD
- respondent
THE CHIEF ENGINEER (H.R.M) KERALA STATE ELECTRICITY BOARD LTD
- respondent
THE CHIEF VIGILANCE OFFICER, KERALA STATE ELECTRICITY BOARD LTD
Coram
Case details
As recorded by the court registry
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