IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 13078 of 2010(H) ----------------------------------------- PETITIONER(S): ----------------------- V. SAJITH, MOTOR VEHICLE INSPECTOR, SUB R.T.OFFICE, KOTHAMANGALAM. BY ADV. SRI.P.K.IBRAHIM, SRI.D.B.BINU. RESPONDENT(S): -------------------------- THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.ARAVINDKUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13078 of 2010 (H) --------------------------------- Dated, this the 28th day of June, 2010 J U D G M E N T The petitioner is working as a Motor Vehicle Inspector, who was posted at the Deputy Transport Commissioner's Office at Trichur. He was transferred to Kothamangalam by order dated 24/07/2009 and was relieved on 25/07/2009 and he joined at Kothamangalam on 28/07/2009. 2. Ext.P1 memo was issued to the petitioner alleging that on 27/07/2009 he was unauthorisedly absent. To Ext.P1, the petitioner submitted Ext.P2 reply stating that his absence on 27/07/2009 was on actual journey time, which he is entitled to in view of the provisions contained in Rule 127 of Part-I, KSR. In support of this plea, the petitioner also relied on Ext.P3 proceedings of the Accountant General. Be that as it may, the petitioner also submitted Ext.P4 application to treat 27/07/2009 as commuted leave as well. Orders have not been passed on Ext.P4 and in the meantime the writ petition is filed seeking for a direction to the respondent to consider Ext.P2 explanation to Ext.P1 memo and also Ext.P4 application, in the light of the provisions contained in Rule WP(C) No.13078/2010 -2- 127, Part-I-KSR. 3. Learned Government Pleader, on instructions, submits that disciplinary proceedings initiated against the petitioner pursuant to Ext.P1 have been finalised by order dated 03/06/2010. He also submits that Ext.P4 application is pending consideration of the respondent. In such circumstances, if the petitioner is aggrieved by the order dated 03/06/2010, he will have to seek his remedies against the said order. 4. Insofar as Ext.P4 application made by the petitioner for treating the leave as commuted leave is concerned, now that the learned Government Pleader submits that the matter is pending consideration of the respondent, it is directed that the respondent shall pass orders thereon as expeditiously as possible, at any rate, within two weeks of production of a copy of this judgment. Needless to say that depending upon the orders on Ext.P4, if order dated 03/06/2010 is required to be reviewed, that will also be done without any further delay. The petitioner shall produce a copy of this judgment before the respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg