K.SOMARAJAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner retired from service on 31.5.2004 while working as Senior Superintendent under the Electrical Sub Division, Kottiyam under the Kerala State Electricity Board (KSEB for short). The writ petition is filed challenging Exts.P5 and P7 orders. By Ext.P5, the petitioner was awarded a punishment of recovery of a sum of Rs.43,127/- + interest at the rate of 24% p.a from the arrears due towards pay revision benefits and balance if any to be adjusted against pension/through revenue recovery action by invoking Public Accountants Act, 1963. Ext.P7 is the order passed in the appeal filed by the petitioner by which it was ordered to recover the interest only from the petitioner @ 12% per annum of Rs.43,127/- from the date on which the amount fell due to the KSEB as per Rules.

(2.) The petitioner submits that Ext.P1 notice dated 24.4.2007 was issued by the respondents directing him to show cause why a sum of Rs.43,127/- + interest at the rate of 24% being the proportionate loss sustained by the Board should not be recovered from the arrears due to pay revision benefits due to him. In Ext.P1 it is stated that the petitioner had not made proper checking of LT.IV bills when he was working as Senior Superintendent from November 2002 to May 2004 at Electrical Section, Kottiyam and lack of proper checking resulted in short assessment of fixed charges and current charges in respect of consumer No.16790 under Electrical Section, Kottiyam causing financial loss to the Board to the tune of Rs.2,15,634/- plus 25% interest. It further stated that departmental enquiry was ordered on the subject by appointing Sri.S.Rajendran, Executive Engineer as enquiry officer as per order dated 16.11.2005 and enquiry officer submitted the report on 6.11.2006, in which it was found that in case the petitioner had made proper checking, errors would not have occurred and that there was negligence and supervisory lapse on his part, being Senior Superintendent of the section, which caused financial loss to the Board; as per the duties and functions of senior superintendent, the petitioner was bound to check 100% monthly bills; but he had not done any checking of consumer No.16790 under Electrical Section, Kottiyam. It was found that as the meter of the aforesaid consumer was changed, the connected load was enhanced and a new Senior Assistant was authorised for the billing works and that the petitioner should have paid more concentration to the billing of the consumer.

(3.) The petitioner submitted an explanation to Ext.P1 on 16.6.2007 (Ext.P2) stating that he was totally unaware of any disciplinary action or enquiry conducted on the issue, as stated in Ext.P1. It was stated that he retired from service on 31.5.2004 and he was not called for any enquiry by any official of the Board and that no disciplinary action was initiated against him. In Ext.P2 the petitioner pointed out that during the period while he was in service the metre changing register was within the safe custody of Assistant Engineer and no revised connected load was seen furnished either in the reading register or in the calculation register in respect of consumer No.16790 and that he suspected some conspiracy among the officers concerned and the enquiry officer to victimise him. Petitioner has produced the order passed by the Consumer Disputes Redressal Forum (CDRF for short), Kollam on 29.9.2006 in O.P.No.393 of 2004 which was filed by the said consumer Sri.Muyunudeen, Managing Partner of AB Industries. By Ext.P3, the CDRF, Kollam directed that the KSEB shall be entitled to realise only the energy charges and not the surcharge or interest for the period covered therein. It was further directed that as a huge amount was demanded as per Ext.P1 for the past period, the consumer shall be granted installment facility. Similarly Ext.P4 is another order dated 15.11.2005 in O.P.No.23 of 2004 by which the bill issued to the consumer to the tune of Rs.43,320/- was quashed with a direction to issue fresh bill for the period from 9.2002 to 12.2003 only for fixed charges free of interest and directing to grant 8 instalments to pay the same. It is thereafter that Ext.P4 order confirming the proposal in Ext.P1 was issued and recovery of the sum of Rs.40,320/- plus interest at the rate of 24% was ordered from the arrears of pay revision (arrears of salary, DCRG pension etc.) and balance if any to be adjusted against the pension.