IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29492 of 2011(J) -------------------------- PETITIONER: --------------- ARUNKUMAR.V, V.P.SADANAM, NEERAZHI, VELLANAD P.O., THIRUVANANTHAPURAM-695 543. BY ADV. MR. SIVAN MADATHIL RESPONDENTS: --------------- 1. THE EXECUTIVE CHAIRMAN AND DIRECTOR, INFORMATION KERALA MISSION (IKM), "PRATHEEKSHA", PANGAPPARA P.O., THIRUVANANTHAPURAM-695 581. 2. THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT, GOVT. SECRETARIAT (ANNEX), THIRUVANANTHAPURAM-695 001. 3. INFORMATION KERALA MISSION, (UNDER THE LOCAL SELF GOVERNMENT), REP. BY ITS CHAIRMAN AND DIRECTOR "PRATHEEKSHA", PANGAPPARA P.O., THIRUVANANTHAPURAM-695 581. BY SPECIAL GOVERNMENT PLEADER MR. P. JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 29492 OF 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE ORDER OF SANCTION VIDE G.O(MS)NO. 46/2004/LSGD, THIRUVANANTHAPURAM DATED 28.1.2004 ISSUED BY THE GOVERNMENT OF KERALA. EXHIBIT P2- TRUE COPY OF THE ORDER OF THE G.O(MS)NO. 2/2011/LSGD, THIRUVANANTHAPURAM DATED 28.3.2011 ISSUED BY THE GOVERNMENT OF KERALA. EXHIBIT P3- TRUE COPY OF THE ORDER OF THE G.O(MS)NO. 17/2003/CAD, THIRUVANANTHAPURAM DATED 12.5.2003 ISSUED BY THE GOVERNMENT OF KERALA APPROVING THE SERVICE RULE OF C-DIT AND MADE APPLICABLE TO THE EMPLOYEES OF THE THIRD RESPONDENT. EXHIBIT P4- TRUE COPY OF THE ORDER NO.ESTT/IKM/EMD/0517/2011 DATED 29.3.2001 ISSUED BY IKM WITH THE APPROVAL OF DIRECTOR, C-DIT CONFIRMING THE SERVICE OF THE PETITIONER. EXHIBIT P5- TRUE COPY OF THE ORDER NO.IKM.ESTT/RE-STRUCTURING-03/09 DATED 28.1.2009 PROMOTING THE PETITIONER AS SENIOR TECHNICAL OFFICER BY THE FIRST RESPONDENT IN THE IKM. EXHIBIT P6- TRUE COPY OF THE MEMO NO.IKM.ESTT/A.14/2011 DATED 1.7.2011 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P7- TRUE COPY OF THE REPLY DATED 12.7.2011 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXHIBIT P8- TRUE COPY OF THE ORDER NO.IKM/ESTT/A.14/2011 DATED 22.7.2011 ISSUED BY THE FIRST RESPONDENT BY APPOINTING THE ENQUIRY OFFICER. EXHIBIT P9- TRUE COPY OF THE ORDER NO.IKM/ESTT/A.14/2011 DATED 3.10.2011 ISSUED BY THE FIRST RESPONDENT TERMINATING THE SERVICE OF THE PETITIONER. EXHIBIT P10- THE TRUE COPY OF THE COVERING LETTER ALONG WITH THE CHEQUE RS.1,25,000/- DATED 7.10.2011 SENT BY THE PETITIONER TO THE FIRST RESPONDENT. EXHIBIT P11- THE TRUE COPY OF THE COMMUNICATION DATED 21.10.2011 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE FIRST RESPONDENT'S OFFICE ALONG WITH THE REPORT OF THE ENQUIRY OFFICER DATED 3.9.2011AND THE MINUTES OF THE IKM EXECUTIVE COMMITTEE MEETING HELD ON 27.9.2011. EXHIBIT P12- THE TRUE COPY OF THE REPRESENTATION DATED 31.10.2011 BY REGISTERED POST SUBMITTED BY THE PETITIONER TO THE FIRST AND SECOND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 29492 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 4th day of November, 2011 JUDGMENT The petitioner is challenging the proceedings taken by the respondents culminating in termination of his service, vide Ext. P9. The petitioner, while working as Senior Technical Officer in Information Kerala Mission (IKM) was served with Ext. P6 memo of charges. On receipt of Ext. P6, a detailed representation was submitted by the petitioner as borne Ext. P7. Being not satisfied with the explanation offered, an enquiry was conducted, finally leading to Ext. P9 dated 03.10.2011, whereby the delinquency alleged on the part of the petitioner was held as proved (which involved serious malpractices, misappropriation etc) and accordingly, the petitioner was dismissed from the service. The petitioner has been required to satisfy a sum of Rs. 1.25 lakhs as well, which is stated as the amount diverted by the petitioner. 2. When the matter is taken up for consideration, the learned Special Government Pleader appearing on behalf of the respondents submits that, the guilt on the part of the petitioner has been virtually admitted by him in the course of the proceedings as clearly taken note W.P. (C) No. 29492 of 2011 : 2 : of in Ext. P9 order itself. The quantification of amount also can not be in dispute, the same having been admitted, and it was accordingly that the petitioner was required to remit a sum of Rs. 1.25 lakhs. This being the position, the challenge raised by the petitioner is no more liable to be entertained by this Court, submits the learned Special Government Pleader. 3. The learned counsel for the petitioner submits that the contents of Ext. P9 as to the alleged admission is not correct and the factual situation has been sought to be highlighted in Ext. P12 for causing the matter to be reconsidered. It is also stated that, for the time being, the petitioner will be satisfied, if a direction is given to the first respondent to consider Ext. P12 and pass the orders, after giving an opportunity of hearing to the petitioner. 4. In the said circumstances, the first respondent is directed to consider Ext. P12 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. The W.P. (C) No. 29492 of 2011 : 3 : recovery proceedings in respect of the sum of Rs. 1.25 lakhs shall be subject to the orders to be passed on Ext. P12. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd