IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 13179 of 2009(N) (AGAINST THE ORDER DATED 30.3.2009 IN O.A NO.558/2008 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.) PETITIONER(S): JOHN SAMUEL,PRODUCER GRADE II, DOORDARSHAN KENDRA,KUDAPANAKUNNU, THIRUVANANTHAPURAM - 43. BY ADV. SRI. G.SASIDHARAN CHEMPAZHANTHIYIL RESPONDENT(S): 1. THE DIRECTOR, DOORDARSHAN KENDRA, KUDAPANAKUNNU,THIRUVANANTHAPURAM - 43. 2. THE CHIEF EXECUTIVE OFFICER AND DISCIPLINARY AUTHORITY,DIRECTORATE GENERAL: DOORDARSHAN,PRASAR BHARATI (BCI) DOORDARSHAN BHAVAN,COPERNICUS MARG, NEW DELHI - 1. 3. THE EXECUTIVE PRODUCER AND INQUIRING AUTHORITY, DOORDARSHAN KENDRA, JC NAGAR, BANGALORE -6. 4. UNION OF INDIA,REP.BY ITS SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING, NEW DELHI. BY ADV. SRI.N.N.SUGUNAPALAN (SR) FOR R1-3 SRI. S. SUJIN FOR R1-3 SRI. P. PARAMESWARAN NAIR, ASST. SG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C NO.13179 of 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the O.A No.558/2008 filed before the Hon'ble Central Administrative Tribunal, Ernakulam Bench. Ext.P2: True copy of the reply statement filed by the Respondents before the Hon'ble Central Administrative Tribunal, Ernakulam Bench. Ext.P3: True copy of the order dated 30.3.2009 in O.A No.558/2008 of the Hon'ble Central Administrative Tribunal, Ernakulam Bench. RESPONDENTS'S EXHIBITS: NIL K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 13179 OF 2009 --------------------------------------------- Dated this the 19th day of June, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioner challenges Ext.P3 order of the Central Administrative Tribunal, Ernakulam Bench in O.A. No.558 of 2008 only to a limited extent. He is facing disciplinary action. The Inquiring Authority submitted his report before the second respondent - Disciplinary Authority. Dissatisfied with the enquiry report, the Disciplinary Authority ordered de novo enquiry against the applicant. The writ petitioner who was the applicant in that Original Application challenged the said decision of the Disciplinary Authority. The Tribunal found that there cannot be any de novo enquiry, but the Disciplinary Authority can order further enquiry into the matter. While disposing of the matter, the Tribunal also stated that the enquiry should be completed before the retirement of the applicant, that is, before 31.5.2010. Aggrieved by the said time limit granted to the Disciplinary Authority for completing the proceedings, this W.P.(C) NO. 13179/2009 2 Writ Petition is filed. 2. We heard the learned counsel for the respondents also. We are of the view that the Disciplinary Authority shall decide, if it has not so far decided, within one month from the date of receipt of a copy of this judgment, whether further enquiry should be held or not. If the Disciplinary Authority decides not to hold further enquiry, the proceedings against the petitioner shall be completed within one month thereafter. It it decides to hold further enquiry, the Inquiring Authority shall try to complete the enquiry within four months. The writ petitioner shall co- operate with the Inquiring Authority for completion of the enquriy. Thereafter, on receipt of the enquiry report, the Disciplinary Authority shall pass final orders in the matter within two months. The Writ Petition is disposed of as above. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 13179/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.P.(C) NO.13179/2009 JUDGMENT 19th June, 2009 W.P.(C) NO. 13179/2009 4