LAWS(KAR)-2010-5-44

RAVI B A Vs. MANAGING DIRECTOR REPRESENTING BESCOM

Decided On May 26, 2010
RAVI B. A Appellant
V/S
MANAGING DIRECTOR, REPRESENTING BESCOM Respondents

JUDGEMENT

(1.) Petitioner an employee of the respondent -Bangalore Electricity Supply Company Limited discharging duties as an Assistant Engineer on probation, is entrusted with the maintenance of 18 feeders of electric supply connected to 64 villages, in addition to looking after works unit and revenue collection. According to the petitioner, maintenance of electric feeders for supply of electricity amongst others, includes the maintenance of primary and secondary line of electric supply and maintenance of transformers requiring materials like transformers, wires, poles, insulators, cross-arms, guy-wire, etc. In the discharge of duties, the petitioner is required to draw from the stores the required materials by submitting estimates and indents, which when placed before the Executive Engineer - the Divisional Head of the Company, work orders are issued. The petitioner further states that he is required to return unused and scrap materials to the Divisional Stores including failed transformers which in effect, is accountability of material, a routine work of an Assistant Engineer.

(2.) It is the allegation of the petitioner that he is not given sufficient vehicle facility from time to time to return the materials and failed transformers and since 75% of the sanctioned posts are vacant, there is no sufficient staff, for assistance.

(3.) It is stated that the Official memorandum dated 21.02.2009 Annexure-"A" issued by the 4th respondent directs recovery of Rs. 3,000.00 per month from the salary of the concerned Assistant Engineers/the petitioner for non-returning of transformers and oil to the Divisional Stores, and as a consequence, Rs.3,000.00 is debited to the salary of the petitioner from the month of February 2009. In addition, it is stated that in an electrical accident, the Assistant Engineers are made personally liable and are prosecuted for the offence under Section 304-A of the Indian Penal Code. Hence, this writ petition for the following reliefs: