Ravi B. A. v. Managing Director Representing BESCOM, Corporate Electricity Supply Company Limited, Bangalore
2010-05-26
RAM MOHAN REDDY
body2010
DigiLaw.ai
Judgment :- 1. Petitioner an employee of the respondent – Bangalore Electricity Supply Company Limited discharging duties as an Assistant Engineer on probation, is entrusted with the maintenance of 18 feeders of electric supply connected to 64 villages, in addition to looking after Works unit and revenue collection. According to the petitioner, maintenance of electric feeders for supply of electricity amongst others, includes the maintenance of primary and secondary line of electric supply and maintenance of transformers requiring material like transformers, wires, poles, insulators, cross-arms, guy-wire, etc. In the discharge of duties, the petitioner is required to draw from the stores the required material by submitting estimates and indents, which when placed before the Executive Engineer – the Divisional Head of the Company, work orders are issued. The petitioner further states that he is required to return unused and scrap materials to the Divisional Stores including failed transformers which in effect, is accountability of material, a routine work of an Assistant Engineer. 2. It is the allegation of the petitioner that he is not given sufficient vehicle facility from time to time to return the materials and failed transformers and since 75% of the sanctioned posts are vacant, there is no sufficient staff, for assistance. 3. It is stated that the Official memorandum dated 21.02.2009 Annexure-“A” issued by the 4th respondent directs recovery of Rs.3,000/- per month from the salary of the concerned Assistant Engineers / Section Officers including the petitioner for non-returning of transformers and oil to the Divisional Stores, and as a consequence, Rs.3,000/- is debited to the salary of the petitioner from the month of February 2009. In addition, it is stated that in an electrical accident, the Assistant Engineers are made personally liable and are prosecuted for the offence under Section 304-A of the Indian Penal Code. Hence, this writ petition for the following reliefs: “a) Issue a Writ, Order or Direction in the nature of mandamus to the Respondent No. 1, Respondent No. 2, Respondent No. 3 commanding them to cancel the practice of fixation of personal liability upon the Assistant engineers/section officers/other officers of BESCOM in course of discharging their official duty and responsibility.
Hence, this writ petition for the following reliefs: “a) Issue a Writ, Order or Direction in the nature of mandamus to the Respondent No. 1, Respondent No. 2, Respondent No. 3 commanding them to cancel the practice of fixation of personal liability upon the Assistant engineers/section officers/other officers of BESCOM in course of discharging their official duty and responsibility. b) Issue a Writ, Order or Direction in the nature of mandamus to the Respondent No. 4 commanding him to withdraw and cancel the Official Memorandum passed by him dated 21st February 2009 and thereby to facilitate the repayment of the salary amount that is recovered as per the said Official Memorandum and it is affixed herewith as Annexure-A. c) Issue a Writ, Order or Direction in the nature of mandamus to the Respondent No. 5 commanding the cancellation of the practice Of prosecuting U/S 304 ‘A’ of the Indian penal Code by the State Police at the time of electrical accidents and thereby let the officers of the Electrical Supply Companies who are in charge of local areas free from criminal liability. d) Issue any other writ or direction or order as it deemed fit and proper in the circumstance of the case.” 4. Although learned counsel for the petitioner contends that a pernicious practice is followed by the 4th respondent – BESCOM in imposing a personal liability on the officers of the company for not returning scrap and unused material including transformer oil and failed transformers and that in case of accidents, are prosecuted for offences under the IPC, which in short, affects their discharge of duties in employment, I am not impressed by that submission. 5. The policy of the employer to make its employees personally liable for certain actions in the discharge of duties is within the realm of administration and falls within the exclusive domain of the employer. What duties and responsibilities are attached to a particular post for improving the efficiency of the administration is the preserve of the employer. The power of judicial review can be exercised in such matters only where it is shown that the action of the employer is contrary to any constitutional or statutory provision or is patently arbitrary or vitiated due to malafides.
The power of judicial review can be exercised in such matters only where it is shown that the action of the employer is contrary to any constitutional or statutory provision or is patently arbitrary or vitiated due to malafides. The court cannot sit in appeal over the judgment of the employer and suggest the manner in which the employer should assign duties, responsibilities and accountability of its employees for the purpose of improving efficiency in administration. 6. Duties, responsibilities and accountability go hand in hand in the discharge of duties in an organisation. It is for the employer to decide the staffing pattern and the duties and responsibilities attached to the posts. In the Instant case, the employer, in exercise of his discretion has imposed responsibilities attached to the post of Assistant Engineer. The action of the employer is not shown to be contrary to any constitutional or statutory provision nor patently arbitrary or vitiated due to malafides. The writ petition is unmeritorious and is accordingly, rejected.