N.V.SUNIL Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) It is a well-settled legal position in service jurisprudence that an appellate authority is entitled to initiate disciplinary action against an employee, however, the exercise of such power shall not prejudice the right of appeal of the delinquent employee.

(2.) This is a case where Ext.P3 is issued by the Chief Engineer against the petitioner, initiating disciplinary action and also serving the charge sheet on the petitioner, under various circumstances including financial loss caused to the KSEB on account of alleged illegal reduction of penalty, and colluding with the contractor to remove materials belonging to the KSEB other than the one permitted to be removed. Material facts for the disposal of the writ petition are as follows:

(3.) Petitioner is an Assistant Engineer (Electrical) in Kerala State Electricity Board (KSEB), working at Electrical Section, Nedumkandom , on working arrangement. During his incumbency at Electrical Section, Thoppumpady, petitioner has discharged the duties as the Assessing Authority in contemplation of Sec.126(3) of the Electricity Act, 2003 (hereinafter called, 'the Act, 2003'). According to the petitioner, by virtue of Notification dated 02.03.2005 published in the Gazette dated 03.03.2005, Government of Kerala has designated and appointed Assistant Engineers of the concerned electrical distribution Section Offices as Assessing Authorities.