IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 20097 of 2004(P) --------------------------------------- PETITIONER(S): ----------------------- K.IBRAI, TECHNICAL ASSISTANT, (NOW REVERTED AS LABORATORY ASSISTANT), REGIONAL CHEMICAL EXAMINER'S LABORATORY, KOZHIKODE, RESIDING AT KURINHARY VEEDU, CHERUVANNUR P.O., MEPPAYUR, KOZHIKODE. BY ADV. SRI.MURALI PURUSHOTHAMAN, ADV. SRI.P.M.BENZIR, ADV. SRI.DEEPU LAL MOHAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CHEMICAL EXAMINER TO GOVERNMENT, CHEMICAL EXAMINER'S LABORATORY DEPARTMENT, THIRUVANANTHAPURAM. 3. THE JOINT CHEMICAL EXAMINER, REGIONAL CHEMICAL EXAMINER'S LABORATORY, KOZHIKODE. R1 TO R3 BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20097/2004-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO.E/113/99/RCEL/KKD DTD. 16/03/2001 ISSUED BY THE R.3. TO THE R.2. EXT.P.2: COPY OF THE SHOW CAUSE NOTICE NO. E797/2002/CE DTD. 22/11/2003 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.3: COPY OF THE ORDER NO. E797/2002/CE DTD. 08/03/2004 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.4: COPY OF THE LETTER NO. 18033/E4/04/HOME DTD. 24/06/2004 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.5: COPY OF THE OFFICE ORDER NO. 21/02 DTD. 05/10/2002 ISSUED BY THE JOINT CHEMICAL EXAMINER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.20097 of 2004 ----------------------------------------- Dated this the 26th day of November, 2008 JUDGMENT Aggrieved by Ext.P3 order passed by the Chief Chemical Examiner to Government the petitioner filed an appeal dated 20-3-2004 before the Government. That has been disposed of as per Ext.P4 without considering the legality of the reversion but giving advice to the petitioner to improve the quality of his work. I am afraid there is no proper consideration of the grievance of the petitioner while passing Ext.P4 order. Therefore, I quash Ext.P4. There will be a direction to the first respondent to reconsider the appeal filed by the petitioner with notice to the petitioner and pass a speaking order adverting to the contentions taken by the petitioner, within a period of four months from the date of receipt of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.20097 of 2004 ----------------------------------- JUDGMENT 26th November, 2008