IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 40024 of 2003(M) --------------------------------------- PETITIONER(S): ----------------------- SARASAMMA A, ALAMPALLIL HOUSE, KARICHAL, PAIPPAD P.O. HARIPPAD, ALAPPUZHA DISTRICT. (RTD. SECRETARY IN VEEYAPURAM GRAMA PANCHAYATH BY ADV. SRI.R.SANTHOSH BABU SMT.S.GEETHA RESPONDENT(S): ----------------------- 1. THE SECRETARY, DEPARTMENT OF LOCAL ADMINISTRTATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. THE VEEYAPURAM GRAMA PANCHAYATH, REP. BY THE SECRETARY, VEEYAPURAM P.O. ALAPPUZHA DISTRICT. ADV. SRI.M.V.THAMBAN FOR R3 by GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.40024/2003 APPENDIX PETITIONER'S EXHIBITS: P1:- COPY OF THE ORDER DT. 3.3.98 PASSED BY 2ND RESPONDENT. P2:- COPY OF THE ORDER DT. 29.6.2000 BY IST RESPONDENT. P3:- COPY OF THE PETITION SUBMITTED BY PETITIONER TO IST RESPONDENT. P4:- COPY OF THE REPRESENTATION OF PETITIONER TO THE HONOURABLE MINISTER FOR LOCAL ADMINISTRATION ON 27.9.02. P5:- COPY OF THE ORDER DT. 31.3.021 OF 2ND RESPONDENT. P6:- COPY OF THE ORDER OF IST RESPONDENT DT. 27.5.03. True copy P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.40024 of 2003 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T Petitioner is aggrieved by the proceedings pertaining to the disciplinary action. While the petitioner was working as Upper Division Clerk under the third respondent, disciplinary action was initiated against her culminating in Ext.P1 order passed by the second respondent. As per the said order, the increment of the petitioner was barred with cumulative effect. The petitioner filed appeal, leading to Ext.P2. She approached the Government for reconsideration of the order. She also filed Ext.P4. In the meanwhile, Ext.P5 order was passed regarding regularization of suspension period. That was taken up in appeal, leading to Ext.P6 order. As per the said order, Ext.P5 order passed by the Director of Panchayats, regularizing the period as eligible leave was confirmed. The grievance of the petitioner is that all these impugned orders have been passed by the very same officer in different capacities. There is no counter affidavit yet. Apparently there is violation of the principles of natural justice. It is submitted that the said officer is not in office now. I WP NO.40024/03 2 quash Ext.P6 order directing the first respondent to consider the appeal filed by the petitioner in the matter of regularization of the suspension period afresh, with notice to the petitioner and pass appropriate orders within three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.40024 of 2003 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.