JOSEPH THOMAS; R JANARDHANAN NAIR; K BALAKRISHNA PILLAI; P P SREEDHARAN,S/O P K PADMANABHAN; THOMAS CHERIAN,S/O M V CHERIAN Vs. STATE OF KERALA; MANAGING DIRECTOR

JUDGEMENT

(1.) While the petitioners in WP(C) No.28307/2009 are retired employees of the Kerala Water Authority, the petitioners in WP(C) No.29495/2009 are still in service of the Authority.

(2.) In these writ petitions, the challenge is against Ext.P6 series of orders dated 14/08/2009 passed by the Managing Director of the Kerala Water Authority calling upon the petitioners to remit the liability fixed against them, in connection with the work to RWSS, Thelliyoor - Valakuzhy - Ezhumatoor.

(3.) Although, several contentions have been raised by the petitioners, a reading of the impugned orders would show that the disciplinary authority has placed considerable reliance on the technical enquiry report submitted by the Deputy Chief Engineer (Vigilance), submitted in January, 2009. It is the case of the petitioners that this report was not disclosed to them. When this submission was made on the previous occasion, the case was adjourned with a direction to the learned standing counsel to obtain instructions in the matter. The learned standing counsel, on instructions, submits that the liability as apportioned in the technical enquiry report alone was communicated to the petitioners. He also accepts that the contents of the report as a whole, was not disclosed to the petitioners, and that a copy of the report was not furnished to them.