JOSEPH FROID PERIARA Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner, who was working as Overseer, 66KV Sub Station, Njarakkal, has approached this Court in the present writ petition, challenging the punishment order of compulsory retirement dtd. 13/10/2022 as well as the order dtd. 9/2/2023 passed by the Chairman / Managing director in appeal preferred by the petitioner against the said punishment order. The petitioner was suspended from service vide the order dtd. 19/6/2006, while he was working as Lineman Grade I of Electrical Sec. Central, Ernakulam for the alleged theft of electric energy deducted at three commercial institutions at Ernakulam and at the premise of another Board employee, Sri. A.G Dinesh during the Anti Power Theft Squad (APTS) inspection conducted by the Kottayam unit.

(2.) The preliminary enquiry conducted by the Assistant Executive Engineer, APTS, disclosed in the findings that the petitioner, in connivance with Sri. A G Dinesh had tampered with the energy meters for illegal gratification. The statement of the consumers recorded during the surprise check and the confessional statement of the employees shed light on the illegal nexus of the Board employees with certain consumers. Therefore, disciplinary action was initiated against the petitioner by issuing the following memo of charges dtd. 16/12/2006:-

(3.) As the reply submitted by the petitioner was not found satisfactory, a formal departmental enquiry was ordered by the disciplinary authority vide the order dtd. 11/6/2007. At the conclusion of the enquiry, the enquiry officer submitted the enquiry report with findings and observations that the charges levelled against the delinquent employee were proved and established. The disciplinary authority, after considering the reply to the show cause notice issued to the petitioner, found the petitioner involved in cheating his employer for some illegal gratification, and his conduct was coming under the purview of culpable misconduct deserving major punishment. Punishment of 'removal from service' was inflicted upon the petitioner vide the order dtd. 7/11/2014.