The Kerala High Court dismissed a Public Interest Litigation (PIL) challenging an order dated 7.11.2022 by the Chairman and Managing Director, Kerala State Electricity Board Ltd (KSEB Ltd).
According to the petitioner, the 4th respondent, an employee of KSEB Ltd., held the post of Executive Engineer in the Board. He was deputed with an additional charge of Additional Private Secretary to the former Minister of Electricity/Power from 1.8.2017 to 27.6.2020. During his incumbency, he was misusing official vehicles extensively for his personal use without the authority of the Board. When this came to the notice of the petitioner, he filed an application under the Right to Information Act, against the misuse of the official vehicle and lodged a complaint to the third respondent (The Chairman and Managing Director, KSEB) on 12.2.2022.
The complaint was inquired into and reports were obtained from the Secretary (Administration) and Company Secretary of KSEB Ltd. The Chief Vigilance Officer also recorded statements of the former Chief Engineer and driver. An enquiry report was drawn up, which proves that the 4th respondent has caused an amount of Rs.6,72,560/- as a loss to the Board. Therefore, he was issued a show cause notice to submit his objections. On submission of a detailed objection by the 4th respondent and carefully considering the statement and contentions, the 3rd respondent, CMD issued an order dated 1.7.2022 directing the 4th respondent to remit an amount of Rs.6,72,560/- within one month in favour of the Secretary (Administration), KSEB Ltd.
The petitioner submits that due to political influence, the 4th respondent managed to keep the order dated 1.7.2022 without taking any action, and now after a new incumbent has come to the post of CMD, a representation was filed to review the order dated 1.7.2022. In impugned order, it was held that the disciplinary proceedings can be initiated against the 4th respondent only by the Government and not by the KSEB Ltd. Therefore, the earlier order dated 1.7.2022 passed by the former CMD was rescinded, and the appeal petition was disposed of accordingly.
The contentions raised by the counsel for the appellant is that once the Chairman has found that there was a misuse of the vehicle causing a loss of Rs.6,72,560/-, the same authority cannot review its order and drop the proceedings against the 4th respondent.
The Division Bench of Chief Justice S.V.N. Bhatti and Justice Basant Balaji did not see any ground to entertain the public interest litigation at the instance of the petitioner, particularly regarding the view taken by the authority . The unofficial respondent’s liability or otherwise is still not concluded by fully exonerating him of the fiscal liability. However, the option is given to the Government to do the needful.
“While dismissing the Writ Petition, the view we take shall not, in any way, debar the petitioner from filing a petition before the competent authority for bringing it to their notice on the alleged fiscal loss suffered by the Government with the alleged use or misuse by the 4th respondent”, the order reads.