IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5571 of 2010(V) ----------------------------------- PETITIONER: ------------------- K.M.VARGHESE, S/O.MATHAI, AGED 54 YEARS, OPERATOR GR.II, MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED, PALAKKAD DIARY, KALLEPPULLY, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ----------------------- 1. MANAGING DIRECTOR, MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED, KANNAMANGALAM P.O., PERINKULAM, KOZHIKODE. 2. THE MANAGER, MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED, PALAKKAD DIARY, KALLEPPULLY, PALAKKAD. BY STANDING COUNSEL SRI.B.S.KRISHNAN, SR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5571 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of February, 2010 JUDGMENT The petitioner is aggrieved of the disciplinary proceedings culminating in Ext.P1 order passed by the 2nd respondent, imposing penalty upon him. The learned counsel for the petitioner submits that the petitioner has already availed the institutional remedy by way of Ext.P2 appeal preferred before the 1st respondent, which however, has been kept in cold storage, causing irreparable loss, injury and hardships to the petitioner; more so, when the petitioner is on the verge of retirement. 2. Heard the learned Standing Counsel on behalf of the respondents as well, who submits that Ext.P2 appeal can be considered and disposed of on merits, provided the same has been actually received. 3. In the above facts and circumstances, the 1st respondent is directed to consider Ext.P2 appeal stated as preferred by the petitioner, if the same has actually been received, and pass appropriate orders thereon in accordance with law, after giving WP(C) No. 5571 of 2010 -:2:- an opportunity of hearing to the petitioner. This shall be finalised as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE ttb