IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21883 of 2011(I) ------------------------------------- PETITIONER(S): ------------------------ ROY WILFRED, JUNIOR HEALTH INSPECTOR GRADE II, COMMUNITY HEALTH CENTRE,AGALI,PALAKKAD. BY ADV. SRI.K.M.ANEESH RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. ADDITIONAL DIRECTOR OF HEALTH SERVICES (PUBLIC HEALTH), DIRECTORATE OF HEALTH SERVICES THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.21883/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SUSPENSION ORDER DTD. 3.12.2009 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE CHARGE MEMO. P3:- COPY OF THE REPLY TO THE CHARGE MEMO. P4:- COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE REPLY TO EXT.P4. P6:- COPY OF THE REPLY TO EXT.P4. P6:- COPY OF THE ORDER OF THE DISCIPLINARY AUTHORITY IMPOSING PENALTY OF WITHHOLDING INCREMENT FOR 3 YEARS WITHOUT CUMULATIVE EFFECT. P6:- COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 21883 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2011 J U D G M E N T The petitioner is presently working as Junior Health Inspector Grade II in Community Health Centre, Agali. While working as Junior Health Inspector Grade II in Primary Health Centre, Sholayar, he was placed under suspension in contemplation of disciplinary proceedings. The disciplinary proceedings initiated as per Ext.P2 culminated in Ext.P6 whereby he was imposed with penalty of withholding increment for 3 years without cumulative effect. Feeling aggrieved by Ext.P6 the petitioner has submitted Ext.P7 appeal before the first respondent. It is the inaction on the part of the first respondent in considering Ext.P7 appeal despite its receipt that made the petitioner to file this writ petition. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader. Evidently, the petitioner has been imposed with the penalty of barring of 3 increments without cumulative effect WPC.21883/2011 : 2 : as per Ext.P4 and against which the petitioner has already preferred a statutory appeal as is obvious from Ext.P7. When such a statutory appeal is preferred, the appellate authority is bound to consider the same and pass orders thereon in accordance with law. In that view of the matter, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P7 appeal expeditiously, at any rate within a period of two months from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge