IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 8317 of 2011(L) ------------------------------- PETITIONER: ------------------ V.N.SAJI, AGED 35 YEARS, S/O. NARYANAN, RESIDING AT VELIYAMKUNNATH HOUSE, KULAMAVU.P.O., IDUKKI. BY ADV. SRI.C.T.JESTIN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS,SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. CHIEF ENGINEER,(ADMINISTRATION), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695001. 3. K.S. ASOK, ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, THODUPUZHA-685584. 4. P.H.MUNEER, ASSISTANT EXECUTIVE ENGINEER PWD NH SUB DIVISION, DEVIKULAM-685613. 5. SMT. SHIJI KARUNAKARAN, ASSISTANT ENGINEER, ROAD SECTION, THODUPUZHA-685584. 6. SMT. TESSYMOL SEBASTIAN, ASSISTANT ENGINEER,PWD ROAD SECTION, MARIMANNOOR-685001. 7. ISSAC VARGHESE, ASSISTANT ENGINEER, PWD BUILDING SECTION, ERATTUPETTA-686121. R1 & R2 BY SR. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.8317 OF 2011 -------------------------------- Dated this the 17th day of March 2011 JUDGMENT The petitioner, who is a contractor, has approached this Court seeking to direct the 1st and 2nd respondents to take appropriate steps to see that the respondents 3 to 7 do not continue their 'duty' in Idukki division of the Public Works Department, till the disciplinary proceedings initiated against them are completed. There is a further prayer to see that the respondents 3 to 7 are not assigned with 'field execution function' till the completion of disciplinary proceedings. The petitioner still prays for issuance of a writ of mandamus directing respondents 1 and 2 to withhold the 'promotion' of the respondents 3 to 7 till the completion of disciplinary proceedings. 2. Going through the pleadings on record, it is seen that the petitioner had approached this Court, earlier by filing W.P.(C)33721/2010 pointing out that, despite bringing the grievance of the petitioner against the officers concerned, no action was being pursued by the concerned authority. During the course of hearing, the learned Govt. Pleader brought it to the notice of this Court that appropriate proceedings had already been taken, based on which, a finding was rendered in Ext.P2 judgment (Paragraph 3) that the submission made by the petitioner was factually incorrect and accordingly, the Writ Petition was closed. 3. It is seen from the materials on record that the authorities concerned have already issued Ext.P4 charge sheet along with the statement of W.P.(C) No. 8317/2011 - 2 - allegations and such other materials to the delinquent officers and that steps are going on. The petitioner is a total stranger, as far as the disciplinary proceedings being taken by the Govt./Department against the officials are concerned. The delinquency, if any, in respect of the duty to be performed by the concerned officers is purely a matter between the 'Employer and Employee'. The petitioner who is a contractor and a stranger is no way connected with the said proceedings, nor has he got any 'say' in this regard, except to the extent, if he is cited as a witness in the proceedings. 4. In the above circumstances, this Court finds that there is no cause of action and the Writ Petition is devoid of any merit. The Writ Petition is dismissed accordingly. Vdv P.R.RAMACHANDRA MENON, JUDGE