IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 24659 of 2011(F) ---------------------------------------- PETITIONER(S): ----------------------- S.JAYAKUMAR,S/O.N.SUKUMARAN, AGED 45 YEARS,EMPLOYED AS MUNICIPAL SECRETARY CHAVAKKAD MUNICIPALITY,RESIDING AT NO.616, LAKSHMY GARDENS,KANJIRAMKULAM P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT (EU), GOVERNMENT OF KERALA THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE,OPPOSITE TO MUSEUM, THIRUVANANTHAPURAM 695 033. BY GOVT. PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.24659/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:-TRUE COPY OF THE CHARGE SHEET DATED 11.1.2006 ALONG WITH THE COVERING LETTER DATED 16.2.2006 ISSUED BY THE DIRECTOR OF MUNICIPALITIES. EXHIBIT P2:-TRUE COPY OF THE EXPLANATION TENDERED ON 9.3.2006 BY THE PETITIONER TO EXHIBIT P1. EXHIBIT P3:-TRUE COPY OF THE CHARGE MEMO DATED 25.1.2006 ALONG WITH THE COVERING LETTER OF THE DIRECTOR OF URBAN AFFAIRS DATED 3.3.2006. EXHIBIT P4:-THE TRUE COPY OF THE INTERIM-REPLY DATED 22.03.2006 SUBMITTED BY THE PETITIONER TO EXHIBIT P3. EXHIBIT P5:-THE TRUE COPY OF THE FINAL REPLY DATED 29.05.2009 SUBMITTED BY THE PETITIONER TO EXHIBIT P3. EXHIBIT P6:-TRUE COPY OF THE CHARGE MEMO DATED 29.06.2009 ALONG WITH COVERING LETTER OF DIRECTOR OF URBAN AFAIRS DATED 29.6.2009. EXHIBIT P7:-TRUE COPY OF THE EXPLANATION TENDERED BY THE PETITIONER DATED 09.07.2009 TO EXHIBIT P6 CHARGE SHEET. EXHIBIT P8:- TRUE COPY OF THE MEMO ISSUED BY THE SECRETARY, TRICHUR CORPORATION TO S.A MAHIN DATED 27.12.2006. EXHIBIT P9:-TRUE COPY OF THE DETAILED CHARGE SHEET ISSUED TO S.A MAHIN ISSUED BY THE SECRETARY, TRICHUR MUNICIPALITY, DATED 1.3.2007. EXHIBITS P10:-TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER, DATED 10.06.2008 TO THE GOVERNMENT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT. EXHIBITS P11:-TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER, DATED 16.09.2009 TO THE GOVERNMENT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT. EXHIBITS P12:-TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER, DATED 7.6.2011 TO THE GOVERNMENT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:24659 OF 2011 ----------------------------------------------------------- Dated this the 30th September, 2011. JUDGMENT The petitioner, a Municipal Secretary Gr.III has filed this writ petition complaining that though he was served with Exts.P1, P3 and P6 charge sheets dated 11-1-2006, 25-1-2006 and 29-6-2009 respectively, the disciplinary proceedings initiated pursuant thereto have still not been completed. The petitioner submits that though he has submitted his statement of defence and completed all formalities for completion of the enquiry proceedings, no action has been taken thereon by the authorities. 2. The learned Govt. Pleader on instructions submits that the disciplinary proceedings have been dragging on for the reason that some of the other persons against whom disciplinary proceedings have been ordered have not yet filed their statement of defence. As soon as such statements are filed, it is assured that the proceedings would be completed. 3. It is for the enquiry officer to fix the dates for filing statements of defence and to see that such statements are filed within the time granted. Disciplinary proceedings cannot be kept WPC 24659/2011 2 pending indefinitely on the plea that statements of defence have not been filed by the accused persons. Therefore, the enquiry officer shall take necessary action to see that statements of defence are filed without further delay and the proceedings are completed expeditiously. 4. This writ petition is disposed of directing the second respondent to see that statements of defence are filed as expeditiously as possible and to see that the disciplinary proceedings are completed as expeditiously as possible and at any rate, within a period of six months from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj The words “second respondent” occurring in paragraph 4 of the judgment dated 30-9-2011 in W.P(C)24659/2011 are corrected and substituted as “first respondent”, vide order 15.11.2011 in I.A.No: 18312/11 in W.P(C)No:24659/2011. Sd/- Registrar (Judicial) WPC 24659/2011 3