IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 2532 of 2011(N) ------------------------- PETITIONER(S): --------------- 1. SHIBU CYRIAC, AGED 35 YEARS, S/O.KURIEN, PARAYIL, THAVALAM PO, PALAKKAD. 2. SALIJU K.S. KAIPPANAL HOUSE, KALKKANDY POST, ATTAPPADY, MANNARKKAD. 3. AJAYAN C.K, CHERIKKALLIL HOUSE, ARAYAMGODE, MANNARKKAD POST, MANNARKKAD, PALAKKAD. 4. PRAMOD U.P, UDUMBUSSERIYIL HOUSE, JELLIPARA POST, JELLIPARA, ATTAPPADY. 5. AJITHAN M.S, MURIYIL HOUSE, VALIVATTAM POST, NAIKULATHUKADU, TRISSUR-680 124. 6. SUDHAKARAN K, S/O.KRISHNAN.M,MUPPUZHA HOUSE, CHIMBUKAD POST, KUTHANUR, PALAKKAD-678 721. 7. AIJU A.P., AGED 35 YEARS, S/O.PARAMESWARAN, ALLAKKAL, JELLY PARA PO, PALAKKAD 8. GOPAKUMAR P.G, AGED 31 YEARS, PUTHUPARAMBIL HOUSE, KALLAMAN PO, ATTAPPADI, PALAKKAD. 9. RAJESH KUMAR C.R, CHERUVARAMBIL HOUSE, CHITTOOR POST, CHITTOOR, ATTAPPDY, MANNARKKAD. 10. S.K.MANI, MUNDOORTHDIYIL HOUSE, SHOLLAYOOR POAT, ATTAPPADY. 11. VELUMANI K, S/O.KARUPPUSWAMY, PUTHOOR POST, UMMATHAMPADY, AGALI. 12. VIJAYAKUMAR P, PAZHANI NIVAS,AGALI POST, NELLIPPATHY, ATTAPPADY, PALAKKAD. 13. SHIJU GEORGE, KUNNEL HOUSE, KALKKANDY POST, ATTAPPADY. 14. JAYAKRISHNAN.A.S/O.RAMAN, KARIMBANATHOTTATHIL HOUSE, KALLUVAZHI PO, THIRUVAZHIYODE VIA, 679514 PKD DIST. 15. SUBI IMMANUAL, MUNDAKKAPPARAPPEL HOUSE, KARARA POST, ATTAPPADY. 16. KALIMUTHU K, S/O.KUMARASWAMY, MELE CHAVADIYOOR, CHAVADIYOOR POST, ATTAPPADY. 17. NISHA B. W/O.BINU MATHEW, KIDANGATTU HOUSE, AGALI POST, ATTAPPADY. 18. CHITRA N, KARIYAR VEETTIL HOUSE, GOOLIKADAVU, AGALI POST, ATTAPPADY. 19. SUBHASHINI P, HARI NIVAS,AGALI POST, ATTAPPADY. 20. SUJITHA K.R. KIZHAKKETHADA HOUSE, ANJUMOORTHI POST, MANGALAM, ALATHOOR. 21. PRABHAVATHI B, VADAKETHIL HOUSE, AGALI POST, ATTAPPAADY. 22. SREEDEVI.C, CHERUVUPARAMBIL HOUSE, CHITTOOR POST, AGALI, ATTAPPADY. 23. SHIJI M.V. MUNDAPPALIYI HOUSE,KALLAMAL POST, AGALI,ATTAPPADY. 24. JILGI MATHEW, CHUNUKKAPPARAYIL HOUSE, KARARA POST,AGALI, ATTAPPADY. 25. MARRY JOSEPH, UPPUMAKAL HOUSE, JELLIPPARA POST, AGALI, ATTAPPADY 26. INDHU P.M, W/O.VENUGOPAL, KEEZHEPPATTU HOUSE, KARAKURUSSI POST, MANNARKKAD. 27. RAJEELA R, KALLATHANI HOUSE, AGALI POST, ATTAPPADY. 28. RASEENA R, KALLATHANI HOUSE, AGALI POST ATTAPPADY. 29. JANET K.AUGUSTINE, KIZHAKKAYIL HOUSE, CHITTUR PO, AGALI VIA, JUNIOR CONSTULTANT. 30. SNEHALATHA, W/O.DHARMARAJ, CHAVADIYOOR POST, CHAVADIYOOR, ATTAPPADAY 31. KAVITHA K, KRISHNA NIVAS, AGALI POST, GOOLIKADAVU. 32. DIVYA P.NAIR, DHANYA NIVAS, AGALI POST, BHOOTHIVAZHY, ATTAPPADY. 33. ASMABEEVI.A, MATTAKATTIL HOUSE,KOTTATHARA POST, ATTAPPADY. 34. SHYNI E.K, W/O.MURALEEDHARAN,THOTTAPURATHU HOUSE, NAIKARPPADY, ATTAPPADY. 35. AMBILY R, D/O.RAVEENDRAN, VADAKECHUNDAYIL HOUSE, CHITTOOR POST, ATTAPPADY. 36. SABOORA N, VATTAPPARAYIL HOUSE, AGALI POST, ATTAPPADY. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENT(S): --------------- 1. THE GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF LOCAL SELF GOVERNMENT, TRIVANDRUM-695 001. 2. ATTAPPADY HILLS AREA DEVELOPMENT SOCIETY, AGALI PO, PALAKKAD 678 581, REPRESENTED BY THE PROJECT DIRECTOR. 3. SRI.T.K.RAVI, PROJECT DIRECTOR(I/C) AHADS, AGALI PO, PALAKKAD 678 581. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 2532 of 2011 ================== Dated this the 24th day of March, 2011 J U D G M E N T The petitioners are employees working in various categories of posts in the Attappady Wasteland Comprehensive Environmental Conservation Project under the 2nd respondent. They claim to have questioned the corrupt activities and maladministration of the 2nd respondent, for which, they have been victimised by initiating disciplinary proceedings for conducting a token strike against termination of service of two workers. Subsequently, some of the workers were reinstated on the ground that they are Scheduled Tribe members. Challenging the same as discrimination, the petitioners approached this Court by filing W.P.(C).No.27551/1010, in which, by Ext.P5 judgment, this Court directed the respondents to complete the disciplinary proceedings initiated by suspension of the petitioners within three months from the date of receipt of a copy of the judgment. Thereupon, by Ext.P6 and similar orders, the petitioners were summarily removed from service without any disciplinary proceedings. The petitioners are challenging Ext.P6 order in this writ petition. 2. I directed the learned Government Pleader to get instructions as to how despite Ext.P5 judgment, Ext.P6 order could be passed without conducting any disciplinary proceedings. The learned w.p.c.9271/11 2 Government Pleader, on the strength of a statement stated to have been filed, submits that the petitioners have been removed from service without any further proceedings, since they were only contract employees and in such cases the respondents are not bound to conduct disciplinary proceedings. 3. I am of opinion that having suffered Ext.P5 judgment and having reinstated some of the workers, the respondents cannot be heard to contend so. When this Court directed the respondents to complete the disciplinary proceedings initiated by suspension of the petitioners, they are bound to complete the proceedings by conducting the disciplinary proceedings in accordance with the procedure prescribed by rules and they cannot summarily remove the petitioners from service, especially since they have been removed from service not merely because they were contract employees, but on the ground of misconduct, which casts a stigma on them. Accordingly, I quash Ext.P6 and similar orders passed against the petitioners. The respondents shall see that disciplinary proceedings known to law are conducted in respect of the charges against the petitioners, for which, they were suspended and only if in such proceedings, the petitioners are found guilty, they shall be imposed with punishments, that too, proportionate to the gravity of misconduct. While doing so, the respondents shall take into account the fact that other similarly placed w.p.c.9271/11 3 Scheduled Tribe workers have been reinstated in service. This shall be done, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge