KERALA STATE ELECTRICITY BOARD Vs. F.STEPHEN

JUDGEMENT

(1.) IN the present appeal the Kerala State Electricity Board, hereinafter referred to as "the Board", is aggrieved by the judgment of the learned Single Judge, which interdicted the Board from proceeding under the Revenue Recovery Act against the 1st respondent/writ petitioner, for recovery of alleged loss sustained by the Board on account of the misconducts committed by the 1st respondent.

(2.) ADMITTED facts are that the 1st respondent was a Store Keeper Grade-I in the Electrical Rural Division, Calicut, who was transferred by order dated on 24.01.1985 and relieved vide order dated 1.2.1985 (Exhibit P2) to K.G.Division, Kakkayam and even before joining there, further transferred to Divisional Store at Peringalkuthu. The allegations levelled against the 1st respondent, which is the subject matter of the instant appeal, as also the alleged loss caused to the Board, is during the tenure of the 1st respondent as Store Keeper Grade-I at Calicut between 24.06.1981 to 01.02.1985.

(3.) THE transfer to Kakkayam and then to Peringalkuthu was challenged by the 1st respondent before this Court, which concluded in Exhibit P3. Though the transfer was not interfered with, it was observed by this Court that the 1st respondent would be given ample opportunity to handover charge as is the usual procedure adopted in the Board. Exhibit P3 judgment is dated 6.3.1985 and we find, that immediately thereafter, on 14.3.1985, the 1st respondent was placed under suspension. That the 1st respondent was taken back into service only on 11.5.1988 and then retired from service on 31.12.1993 is not disputed.