IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 RP.No. 114 of 2009(M) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.4113/2003 .................... REVIEW PETITIONER(S): ---------------------- C.V.XAVIER DETECTIVE INSPECTOR, CRIME BRANCH, CID (CFS) ERNAKULAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENT(S): --------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT HOME (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIMES) THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.K.MEERA. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- R.P.NO.114/2009 in O.P. No.4113/2003 ---------------------------------------------- Dated 19th June, 2009. O R D E R The review petitioner is the writ petitioner. The writ petition was filed challenging Exts.P5 to P7 orders pertaining to the disciplinary proceedings initiated against the petitioner. Initially, an order imposing a punishment of barring of three increments with cumulative effect was passed. The appellate authority reduced the same to barring of one increment without cumulative effect. The writ petition was filed in the year 2003. By judgment dated 14.11.2006, the writ petition was closed holding that the punishment of barring of one increment without cumulative effect does not have any adverse consequence on the petitioner after three years. However, it is pointed out that the writ petitioner was eligible to be promoted in the year 1999 and unless the writ petition is considered on merits, the writ petitioner will be put to irreparable injury and hardship. In view of the submissions made above and since the writ petition has to be R.P.NO.114/2009 in O.P. No.4113/2003 2 considered on merits to meet the ends of justice, the review petition is allowed and the judgment dated 14.11.2006 is recalled. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- R.P.NO.114/2009 in O.P. No.4113/2003 ---------------------------------------------- O R D E R Dated 19th June, 2009.