IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38237 of 2010(D) -------------------------- PETITIONER(S): --------------- PHILIP MATHEW, LOWER DIVISION CLERK, OFFICE OF THE SPECILA TAHSILDAR (LA), PATHANAMTHITTA. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. SPECIAL TAHSILDAR LA (GENERAL), OFFICE OF THE SPECIAL TAHSILDAR (LA), PATHANAMTHITTA. 4. R.P.MAHADEVAKUMAR, ENQUIRY OFFICER (DEPUTY COLLECTOR (LA)), PATHANAMTHITTA. GOVT. PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 38237 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd day of December, 2010. J U D G M E N T The petitioner is an employee of the Revenue Department. On allegations of unauthorised absence without leave, the petitioner has been proceeded against in disciplinary proceedings. According to the petitioner, the proceedings are unsustainable insofar as the petitioner had applied for leave and when he got intimation, he had reported for joining duty and he was not permitted to join duty. The allegation is that despite accepting a direction to join duty, the petitioner has not joined duty. Pursuant to the disciplinary proceedings , an enquiry has been conducted and enquiry report has also been submitted by the enquiry officer. Now the petitioner has been served with Ext. P11 show cause notice why he should not be dismissed from service invoking Rule 18(a) of the Kerala Civil Services (Classification, Control and Appeal) Ruiles. The petitioner submits that after having completed the enquiry proceedings, respondents cannot now invoke Rule 18(a) insofar as the condition precedent for invoking Rule 18(a) are non-existing. The petitioner therefore seeks the following reliefs: “i. Declare that in the absence of conviction in a criminal case and since already proceedings under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules has been initiated, the 2nd respondent is not authorised to invoke the provision of Rule 18(a) of the said Rules for awarding a punishment of termination of service on the petitioner. ii. Call for the records leading to the issuance of Ext. P11 order and quash the same by issuing a writ in the nature of certiorari or any other appropriate writ, order or direction. iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to complete the disciplinary proceedings initiated against the petitioner from the stage of submission of Ext. P9 enquiry report as expeditiously as possible at any rate within a time limit to be prescribed by this W.P.C. No. 38237/10 -: 2 :- Honourable Court. iv. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to grant the petitioner subsistence allowance for the period he has been kept out of service.” 2. The learned Government Pleader could not satisfy me that there are circumstances warranting invoking of Rule 18(a). Admittedly, here, disciplinary proceedings have been initiated. An enquiry report has been furnished by the enquiry officer. As such, it cannot be held that it is not possible to follow the procedure prescribed by rules in the disciplinary proceedings against the petitioner. Therefore, invoking of Rule 18(a) of the Kerala Civil Services (Classification, Control and Appeal) Rules is patently unsustainable. Accordingly, Ext. P11 is quashed. However, it would be open to the respondents to take further proceedings pursuant to the enquiry conducted and take the disciplinary proceedings against the petitioner to its logical conclusion. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.