IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 19780 of 2011(V) -------------------------- PETITIONER: --------------- C.V.LAKSHMANAN, 53 YEARS, S/O.VEEMBAN (LATE), NURSING ASSISTANT (UNDER ORDERS OF REMOVAL) GOVT.HOSPITAL, PALAKKAD, RESIDING AT CHENNANGAD HOUSE, P.O.PARITHIPULLY, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN SRI.RAJESH S.KUTTY RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM - 695001 2. DIRECTOR, DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695001 3. THE DISTRICT MEDICAL OFFICER (HEALTH), PALAKKAD. - 678001 GOVERNMENT PLEADER SRI.L.G.SURESHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19780 of 2011(V) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1: TRUE COPY OF THE JUDGMENT IN ST 2636/06 DATED 27.12.2007 OF JFCM - II, PALAKKAD P2: TRUE COPY OF THE JUDGMENT IN CRL.APPEAL NO.51/08 DATED 1.12.2009 OF SESSIONS JUDGE, PALAKKAD P3: TRUE COPY OF THE TR FORM RECEIPT NO.78 DATED 2.7.2011 ISSUED BY JFCM - II, PALAKKAD P4: TRUE COPY OF THE OFFICIAL MEMORANDUM NO.ST 2636/06 DATED 2.7.11 ISSUED BY JFCM-II, PALAKKAD P5: TRUE COPY OF THE ORDER NO.A6/7431/2011 DATED 4.7.2011 P6: TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER TO THE DHS, THIRUVANANTHAPURAM DATED 1.8.2011 RESPONDENTS' EXHIBITS : NIL RKC //True Copy// PA to Judge. C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.19780 of 2011-V. = = = = = = = = = = = = = Dated this the 1st September, 2011. J U D G M E N T While working as Nursing Assistant, the petitioner was removed from service invoking the provisions of Rule 18 of the Kerala Civil Services (Classification, Control and Appeal) Rules (in short 'KCS (CC&A) Rules'). On 13.12.2006 a complaint has been filed under Section 138 of the Negotiable Instruments Act against the petitioner before the Judicial Magistrate of First Class-II, Palakkad. As per Ext.P1 judgment in ST.No.2636/2006 the petitioner was found guilty under Section 138 and convicted and sentenced to undergo simple imprisonment for six months and further directed to pay a compensation of Rs.15,000/- to the complainant under Section 357(3) of the Code of Criminal Procedure. The petitioner took up the matter in appeal as Criminal Appeal No.51/2008. As per Ext.P2 judgment in Criminal Appeal No.51/2008 the conviction WP(C).No.19780/2011-V. 2 was confirmed. However, the sentence was modified. Simple imprisonment imposed for a period of six months was set aside and the fine amount was enhanced to Rs.20,000/- and in default of payment of fine the petitioner was to undergo simple imprisonment for a period of one month. Ext.P3 would reveal that the petitioner had remitted the amount of Rs.20,000/-. In the light of Ext.P3 the non-bailable warrant issued by the Judicial First Class Magistrate Court-II, Palakkad was recalled. Subsequently as per Ext.P5 order dated 4.7.2011 the petitioner was removed from service invoking Rule 18 of the KCS (CC&A) Rules. Feeling aggrieved by the same the petitioner has filed an appeal before the second respondent as per Ext.P6. Ext.P6 is an appeal filed under Rule 23 of the KCS (CC&A) Rules. In the said circumstances, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P6 expeditiously, in accordance with law, at any rate, within a WP(C).No.19780/2011-V. 3 period of two months from the date of receipt of a copy of this judgment. C.T. RAVIKUMAR, (Judge) Kvs/-