IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 19555 of 2008(C) -------------------------- PETITIONER(S): --------------- K.C.CHERIYA KUNHUNNI RAJA @ ERALPAD RAJA, INDEEVARAM, HALIFAX ENCLAVE, ELAMAKKARA, ERNAKULAM DISTRICT. BY ADV. SMT.SHAHNA KARTHIKEYAN SRI.V.ARUN RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT, DEPARTMENT OF DEVASWOM, THIRUVANANTHAPURAM. 2. COMMISSIONER, HR & CE (ADMN.) DEPARTMENT, KOZHIKODE. 3. DEPUTY COMMISSIONER, HR & CE (ADMN.) DEPARTMENT, KOZHIKODE. 4. RAJA DINESH VARMA P.K., THIRUVANNUR PALACE, POST THIRUVANNUR, CALICUT. ADV. SRI.P.V.KUNHIKRISHNAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19555/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF APPOINTMENT ORDER OF THE 4TH RESPONDENT DT. 1.4.2001. EXT.P2 : TRUE COPY OF COMPLAINT RECEIVED FROM SECRETARY, PERINGOTTU KAVU. EXT.P3 : TRUE COPY OF LETTER SENT BY DEEPAN NAMBOODIR -MELSHANTHI. EXT.P4 : TRUE COPY OF LETTER DATED 1.3.2003 SENT BY THE MANAGER OF THE TEMPLE. EXT.P5 : TRUE COPY OF CHARGE MEMO TO THE 4TH RESPONDENT. EXT.P6 : TRUE COPY OF ENQUIRY REPORT DATED 27.12.2004. EXT.P7 : TRUE COPY OF EXPLANATION FILED BY THE 4TH RESPONDENT. EXT.P8 : TRUE COPY OF THE ORDER DATED 23.1.2005. EXT.P9 : TRUE COPY OF ORDER DATED 20.1.2005 BY THIS HONOURABLE COURT. EXT.P10 : TRUE COPY OF ORDER DATED 17.4.2006. EXT.P11 : TRUE COPY OF ORDER OF THE THIRD RESPONDENT. EXT.P12 : TRUE COPY OF ORDER DATED 8.10.2007. EXT.P13 : TRUE COPY OF REVISION FILED BY THE PETITITONER BEFORE THE FIRST RESPONDENT. EXT.P14 : TRUE COPY OF ORDER OF THE FIRST RESPONDENT DATED 11.6.2008. RESPONDENTS' EXHIBITS : EXT.R4A : TRUE COPY OF ORDER NO.MP 8/2003 DATED 18.12.2003. EXT.R4B : TRUE COPY OF THE JUDGMENT IN O.P.22658/02 DATED 27.7.2004. KURIAN JOSEPH & T.R.RAMACHANDRAN NAIR, JJ. ---------------------------------------------- W.P.(C) No.19555 of 2008 ---------------------------------------------- Dated 17th December, 2008. J U D G M E N T Kurian Joseph, J. Challenge is on Ext.P14 order passed by the Government and the orders leading to Ext.P14. The issue pertains to the disciplinary proceedings initiated against the 4th respondent. The Government as per the impugned order affirmed Ext.P11 order passed by the Deputy Commissioner and Ext.P12 order passed by the Commissioner. As per Ext.P11, the Deputy Commissioner directed to reinstate the 4th respondent with back wages. When the writ petition came up before us, in view of the strained relationship between the petitioner and 4th respondent, the 4th respondent submitted that he is prepared to discontinue his service under the petitioner, in case he is paid an amount of Rs.1,00,000/- (Rupees One Lakh only), in full and final settlement of his entire claims and on further condition that the petitioner drops the entire allegations and charges against him. Both parties have no objection to the said course of action. The petitioner has handed over the amount of Rs.1,00,000/- to the 4th respondent through his counsel. Learned counsel for the WP(C) NO.19555/08 2 petitioner submitted that the petitioner does not want to pursue any charges against the 4th respondent, and the proceedings can be treated as closed. Learned counsel for the 4th respondent submits that the 4th respondent will not make any further claim in respect of his service under the petitioner. The above submissions are recorded and the writ petition is closed. KURIAN JOSEPH, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. tgs KURIAN JOSEPH & T.R.RAMACHANDRAN NAIR, JJ ---------------------------------------------- W.P.(C) No.19555 of 2008 ---------------------------------------------- J U D G M E N T Dated 17th December, 2008.