IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).NO. 29661 OF 2008(F) ------------------------------------------- AA.187/1979 OF APPELLATE AUTHORITY (LR), ALAPPUZHA OA.204/1974 OF LAND TRIBUNAL, PATTANAKADU .................... PETITIONER(S): ---------------------- A.V.JACOB ALIAS CHAKKAPPAN ARAYAKKAL AT PRESENT R/AT PIPELINE ROAD, OCHAMTHURUTHU PO., VYPIN, ERNAKULAM. BY ADV. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE COMMISSIONER, LAND REVENUE, O/O.THE COMMISSIONERATE, THIRUVANANTHAPURAM. 2. LAND REFORMS APPELLATE AUTHORITY ALAPPUZHA. BY GOVERNMENT PLEADER SHRI P.R. JAYAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29661 of 2007 ------------------------------- Dated this the 14th October, 2008. J U D G M E N T Heard Sri.K.R.B.Kaiman, the learned senior counsel appearing for the petitioner and Sri.R.Lakshmi Narayanan, the learned Standing Counsel appearing for the second respondent and Sri.P.Nandakumar, the learned Government Pleader appearing for the first respondent. 2. The petitioner is an employee of Kerala State Civil Supplies Corporation. By Ext.P3 order passed on 14.10.2005, the Chairman and Managing Director of the said Corporation, the disciplinary authority, imposed punishment of dismissal from service on the petitioner. The petitioner carried the matter in appeal before the Board of Directors of the Corporation, as provided under Rule 70 of the Kerala State Civil Supplies Corporation Service Rules, 1974. By Ext.P6 order passed on 24.12.2005, the said appeal was rejected. The petitioner has, in this writ petition, challenges Exts.P3 and P6 W.P.(C) No.29661 of 2007 2 orders and pray for a re-consideration of Ext.P5 appeal by the Board of Directors of the Kerala State Civil Supplies Corporation, excluding the Chairman and Managing Director who passed Ext.P3 order. 3. The petitioner contends, relying on Rule 71 of Kerala State Civil Supplies Corporation Service Rules that the disciplinary authority cannot be a member of Board of Directors while deciding the appeal, that in violation of the said rules, the Chairman and Managing Director who passed Ext.P3 order, presided over the meeting of the Board which considered the petitioner's appeal, participated in the proceedings and also issued Ext.P6 order, though in the name of the Board. The petitioner submits that Ext.P6 order is therefore liable to be set aside on that short ground. The petitioner has specifically averred in ground-D of the writ petition that as per Rule 71 of the Kerala State Civil Supplies Corporation Service Rules, the Chairman and Managing Director who issued Ext.P3 order dismissing the petitioner from service was not entitled to W.P.(C) No.29661 of 2007 3 participate in the proceedings of the Board in which Ext.P5 appeal was considered. The said averment is not disputed by the second respondents in its counter affidavit. 4. In the light of the specific provision in Rule 71 of Kerala State Civil Supplies Corporation Service Rules and also the fact that the respondents have not denied the participation of the Chairman and Managing Director who issued Ext.P3 order, in the appeal proceedings which lead to Ext.P6 order, I am of the view that Ext.P6 order passed by the Board in appeal is liable to be set aside and the second respondent to be directed to re-consider the appeal on merits. 5. However, the learned senior counsel appearing for the petitioner submits that the Managing Director presently in office is not the Chairman and Managing Director who had issued Ext.P3 order, and therefore, the prohibition in Rule 71 may not affect the appeal, if the appeal were to be heard afresh by the Board of Directors of the Corporation. W.P.(C) No.29661 of 2007 4 In these circumstances, I quash Ext.P6 order and direct the Board of Directors of Kerala State Civil Supplies Corporation Service Rules to reconsider Ext.P5 appeal on merits and pass orders thereon, after affording the petitioner a reasonable opportunity of being heard in person. Revised orders on Ext.P5 appeal shall be passed within three months from today. The petitioner's contentions on merits are left open. P.N.RAVINDRAN, JUDGE nj.