BALACHANDRAN V. Vs. KERALA STATE ELECTRICITY BOARD LTD.

JUDGEMENT

(1.) Petitioner challenges Ext.P2 order dated 11.02.2020 by which he was placed under suspension. According to the petitioner, the Executive Engineer is not the appointing authority or an authority competent to place him under suspension. The petitioner is an Overseer working at Electrical Section. It is stated that he was appointed by the Chief Engineer (HRM). Ext.P1 memo of charge was already issued on 29.01.2020. As the only question which arises in this case is the competency of the Executive Engineer to place the petitioner under suspension, it is not necessary for me to go into the seriousness or otherwise of the allegations raised in the memo of charges.

(2.) The respondents have filed a counter affidavit explaining the circumstances under which memo of charge as well as Ext.P2 order of suspension was issued. According to the respondents, under Regulation 10 (8) of R3(g) Regulations-Kerala State Electricity Board Employees' (Classification, Control & Appeal) Regulations, 1969, ('Regulations' for short) the Board has empowered the authorities mentioned in Appendix I to exercise the power of suspension as per Regulation 10.

(3.) Regulation 10 provides that "the appointing authority or any authority to which it is subordinate or any other authority empowered by the Board in that behalf may, at any time place a Board employee under suspension, where a disciplinary proceedings against him is contemplated or is pending". By way of amendment to the Regulations as per Ext.R3(h) dated 30.05.1970, Clause 8 to Regulation 10 was inserted under which the Board empowered the authorities mentioned in Appendix I to the Regulations also to exercise the powers of suspension as per Regulation 10. Appendix I was also inserted to these Regulations by which the Board authorised the officers mentioned therein also, in addition to those mentioned in Regulation 10, to exercise the powers of suspension. Under Clause 2 thereof Executive Engineers are empowered to suspend employees of and below the rank of 2nd Grade Overseers and Lower Division Clerks including Cashiers. Thereafter as per Ext.R3(i) order dated 18.11.1988 the Executive Engineer is empowered to appoint, subject to rules, all categories of employees below the cadre of Sub Engineers and Senior Assistants against sanctioned posts within the Division. Respondents have also stated that as per Ext.R3(i) Board Order appointing authority in respect of Overseer is Assistant Executive Engineer, who is subordinate to Executive Engineer and therefore the action taken is perfectly under Regulation 10.