IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 23524 of 2008(A) -------------------------- PETITIONER: ------------ G.MANOHARAN, ASST.REGISTRAR/BUSINESS MANAGER, KERALA STATE SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT CO.OP.FEDERATION LTD., PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO.OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO.OP.SOCIETIES, THIRUVANANTHAPURAM 3. KPSC, THIRUVANANTHAPURAM, REP. BY THE SECRETARY. BY SR.GOVT.PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.23524 of 2008 -------------------------- Dated this the 19th August, 2008 J U D G M E N T The petitioner, who is presently working as Assistant Registrar and is due to retire from service on 30.11.2008 on attaining the age of superannuation, is aggrieved by the delay in the disposal of Exhibits P6 and P9 review petitions filed by him under Rule 35 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 seeking a review of Exhibits P5 and P8 orders passed by the Government in the disciplinary proceedings initiated against him. The petitioner also submits that in view of the disciplinary proceedings which led to Exhibits P5 and P8, his chances for promotion as Deputy Registrar have been seriously prejudiced. 2. I have heard Sri.George Poonthottam, the learned counsel appearing for the petitioner and Smt. M.R.Sreelatha, the learned Senior Government Pleader appearing for the respondents. By Exhibit P5 order W.P ( C) No.23524 of 2008 2 passed on 10.5.2007, the punishment of barring two increments with cumulative effect was imposed on the petitioner. By Exhibit P8 order passed on 18.3.2008, in respect of another disciplinary action, the punishment of barring three increments with cumulative effect was imposed on the petitioner. The petitioner has sought reconsideration of Exhibits P5 and P8 by filing Exhibits P6 and P9 review petitions. As the Government had passed the orders imposing penalty, the remedy available to the petitioner is only under Rule 35 of the Kerala Civil Services (Classification, Control and Appeal) Rules 1960 which confers the powers of review on the Government in respect of original orders passed by it in disciplinary proceedings. As the petitioner is due to retire from service on 30.11.2008., it is only just and proper that the Government bestows attention to the review petitions filed by the petitioner, evidenced by Exhibits P6 and P9 expeditiously. Exhibit P7 discloses that in respect of Exhibit P6 review petition, the Government have already sought the views of the Kerala Public Service Commission. W.P ( C) No.23524 of 2008 3 In such circumstances, I direct the first respondent to consider and pass orders on Exhibits P6 and P9 review petitions within a period of two months from the date on which the petitioner produces a certified copy of this judgment. The petitioner shall also be afforded an opportunity of being heard, if he makes a request in that regard. The Writ Petition is disposed of accordingly. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.23524 of 2008 4 W.P ( C) No.23524 of 2008 5