IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 29610 of 2011(A) ------------------------------------- PETITIONER(S): ---------------------- A.K.THANKAPPAN, S/O.A.K.KUNJU KOCHU, ALLUMPURATH HOUSE, PAZHAYARIKANDOM P.O., IDUKKI - 685606. (FORMERLY LOWER DIVISION CLERK (HIGHER GRADE) DIRECTORATE OF COIR DEVELOPMENT, THIRUVANANTHAPURAM) BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES & COMMERCE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF INDUSTRIES & COMMERCE, THIRUVANANTHAPURAM - 695 001. 3. DIRECTOR OF COIR DEVELOPMENT THIRUVANANTHAPURAM - 695 001. 4. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, IDUKKI - 685 001. R1 TO R3 BY GOVT. PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C0 NO.29610/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF THE NOTICE DATED 2.11.2009 P2:- COPY OF THE ORDER DATED 24.11.2009 P3:- COPY OF THE ORDER DATED 18.1.2010 P:-TRUE COPY OF THE REPRESENTATION DATED 1.2.2010 SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.29610 of 2011-A. = = = = = = = = = = = = = Dated this the 8th November, 2011. J U D G M E N T The petitioner is working as a Lower Division Clerk (Higher Grade) in the Department of Industries. According to the petitioner, he had taken leave when he was sick. Subsequently, a memo of charges was issued to him alleging that he had not been attending office without any justifiable reason. For unauthorised absence, action was taken against him and he was dismissed from service. Ext.P3 order by which he has been removed from service is dated 18.1.2010. The order shows that the petitioner had been taken to task for numerous instances of unauthorised absence and he had been warned not to repeat such conduct. In spite of such warnings, the petitioner continued to be absent from duty without taking leave. The proceedings culminated in the dismissal of the petitioner as WP(C).No.29610/2011-A. 2 per Ext.P3. 2. On 1.2.2010, the petitioner has submitted Ext.P4 representation which according to him, is still pending before the first respondent. Counsel for the petitioner seeks the issue of a direction for the consideration of the representation on the merits. 3. I have heard the learned Government Pleader also. 4. In view of the limited relief that is claimed, I am of the view that this writ petition can be disposed of directing the consideration of Ext.P4. 5. This writ petition is accordingly disposed of directing the first respondent to consider the representation submitted by the petitioner, evidenced herein by Ext.P4, in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this WP(C).No.29610/2011-A. 3 judgment, after affording an opportunity of being heard to the petitioner also. K.SURENDRA MOHAN, (Judge) Kvs/-