K NARAYANAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) SUBSEQUENT to the filing of this original petition, the Kerala State Electricity Board, respondent in the petition, passed Ext. R 6 order on 29-7-1971 reducing the pension of the petitioner and fixing it at Rs. 150 per mensem in exercise of the power under Rule 67, Part III of the Kerala Service Rules, subject to the decision of this Court in this original petition. The complaint of the petitioner in the petition is that though he had retired on 30-9-1970 his pension has not been settled and payments due to him on retirement were also not disbursed. On the passing of Ext. R 6 order the petition is amended seeking to quash that order also. The main challenge in this case is to that order.

(2.) THE petitioner was, before Ms retirement, superintendent of stores at Alwave in the service of the Kerala State Electricity Board, It appears that several allegations were made against him as to his misconduct during his term of office relating to the stores under his charge and since he retired before any disciplinary proceedings could be taken against him it appears that resort was made by the Board to the provision in Rule 67 Part III of the Kerala Service Rules, which enables the authority sanctioning pension to reduce the pension if it finds that the service of the employee has not been thoroughly satisfactory.

(3.) PRIOR to the issue of Ext. R 6 order notice had been issued to the petitioner and that notice is Ext. P1. In it several matters had been mentioned. Particular reference was made to four instances having come to the notice of the Board which have been relied upon for arriving at the conclusion that the petitioner's service under the Board was not thoroughly satisfactory. These instances are: