IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S. SIRI JAGAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 13170 of 2011(U) -------------------------- PETITIONER(S): --------------- DR.K.C. HARIDAS, S/O.V.P.V.NEDUNGADI, 53 YEARS, MANAGER (SCALE 4 WITH EMP. NO.55093),M/S.NATIONAL INSURANCE CO. LTD.,KOCHI REGIONAL OFFICE,IST FLOOR OMANA BLDGS.,JEWS STREET,M.G.ROAD,KOCHI-682035, R/AT ANTHARA,VILLA NO.9,RELCON MIDTOWN VILLAS,T.D SANNIDHI ROAD,OPP.T.D. TEMPLE,THMMANAM-682032. BY ADVS. SRI.C.S.SUDHIRKUMAR SRI.C.V.MANUVILSAN RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, THE UNION MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001. 2. THE CHAIRMAN CUM MANAGING DIRECTOR, M/S. NATIONAL INSURANCE COMPANY LTD., MIDDLETON STREET, KOLKATTA, WEST BENGAL - 700 071. 3. THE GENERAL MANAGER, M/S. NATIONAL INSURANCE COMPANY LTD.,MIDDLETON STREET, KOLKATTA, WEST BENGAL - 700 071. 4. THE CHIEF REGIONAL MANAGER, M/S. NATIONAL INSURANCE COMPANY LTD., KOCHI REGIONAL OFFICE, 1 & 2 FLOORS, OMANA BUILDINGS, JEWS STREET, M.G. ROAD, KOCHI - 682 025, KERALA. R1 TO R3 BY SRI. P. PARAMESWARAN NAIR, ASGI. R4 BY ADV. SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011ALONG WITH WPC NO. 13174 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13170 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE APPOINTMENT ORDER DATED 18.06.1980 ISSUED BY THE MANAGING DIRECTOR OF THE GIC, APPOINTING THE PETITIONER AS AN ASSISTANT ADMINISTRATIVE OFFICER. P2 : COPY OF THE COMMUNICATION DATED 17.02.2009, ISSUED BY THE 4 TH RESPONDENT CRM, INTIMATING THE REJECTION F THE QPPLICATION OF THE PETITIONER FOR VOLUNTARY RETIREMENT UNDER PENSION SCHEME. P3 : COPY OF THE MAJOR PENALTY OF REDUCTION OF BASIC PAY BY 4 STAGES IMPOSED ON THE PETITIONER ON 16.10.2010. P4 : COPY OF THE MAJAOR PENALTY CHARGE MEMO DATED 02.12.2010, ISSUED BY THE 3RD RESPONDENT GM ON THE PETITIONR FOR HIS ALLEGED UNAUTHORISED ABSENCE FROM DUTY. P5 : COPY OF THE REPLY STATEMENT DATED 27.12.2010 FILED BY THE PETITIONER IN RESPONSE TO THE EXHIBIT P-4 CM. P6: COPY OF THE WRITTEN REPRESENTATION DATED 15.06.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT CMD. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd S.SIRI JAGAN, J. ================== W.P.(C).Nos.13170 & 13174 of 2011 ================== Dated this the 30th day of June, 2011 J U D G M E N T The petitioners in these two writ petitions are aggrieved by the memos of charges issued to them in disciplinary proceedings. They have already submitted replies to the memos of charges and Ext.P6 in both the writ petitions giving a more detailed reply as well. The petitioners seek a direction to the disciplinary authority to consider the same before proceeding with the disciplinary proceedings particularly the petitioners' objections regarding the competency of the person who has issued the memos of charges to issue the same. Having heard the learned Government Pleader also, I dispose of these writ petitions with a direction to the 2nd respondent to consider the replies submitted by the petitioners to the memos of charges and Ext.P6 produced in these two writ petitions and take a decision on the objections raised by the petitioners including the objection that the person who has issued the memos of charges is not competent to issue the same. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge