IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 10012 of 2004(P) ---------------------------------- PETITIONER: --------------- V.C. FRANCIS, (HEAD CLERK OF PANCHAYAT, RETIRED), VALIYA VEETTIL HOUSE, SHORANUR. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10012/2004 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER OF THE PALAKKAD DISTRICT PANCHAYAT OFFICER NO.A.V.S. NO. 6259/94 DATED 9.11.94. EXT. P2 : COPY OF the REPRESENTATION BEFORE the HONOURABLE MINISTER FOR LOCAL ADMINISTRATION FROM THE PETITIONER DATED NIL. EXT. P3 : COYP OF INTIMATION DATED 27/12/95 ISSUED FROM THE 1ST RESPONDENT. EXT. P4 : COPY OF ORDER DATED 19.7.1995 OF the 2ND RESPONDENT. EXT. P5 : COPY OF ORDER DATED 4.8.1995 OF the 2ND RESPONDENT. EXT. P6 : COPY OF MEMO OF CHARGES DATED 22.12.1995 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. EXT. P7 : COPY OF REPLY SUBMITTED BY PETITIONER. EXT. P8 : COPY OF SHOW CAUSE NOTICE ISSUED TO THE PETITIONER FROM THE 2ND RESPONDENT'S OFFICE DATED 3.1.04. EXT. P9 : COPY OF REPRESENTATION FROM THE PETITIONER TO 2ND RESPONDENT DATED 3.2.2004. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : PROCEEDINGS OF THE DEPUTY DIRECTOR OF PANCHAYAT, THRISSUR, ORDER NO. P-8624/2003 DT. 27.7.04. EXT. R2(b) : LIABILITY CERTIFICATE ISSUED TO ACCOUNTANT GENERAL BY DEPUTY DIRECTOR OF PANCHAYAT, THRISSUR. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. -------------------------------------- W.P.(C). No. 10012 OF 2004 -------------------------------------- Dated this the 14th day of March, 2008. J U D G M E N T This writ petition is filed with the following prayers : i) To call for the entire records leading upto Exhibit P8 and to quash the same by the issuance of a writ of certiorari or any other writ, direction or order. ii) To issue a writ of mandamus compelling the respondent to regularize the period of suspension of the petitioner from 09.11.1994 to 19.07.1995 treating it as duty and to finalise the disciplinary proceedings. Petitioner prays that in view of the intervening developments, he may be permitted to approach the Government for disbursement of the withheld portion of gratuity. This writ petition is disposed of as follows: In the event of the petitioner approaching the first respondent within a period of two months from today, the matter will be duly considered by the first respondent and appropriate orders in accordance with law will be passed, with notice to the petitioner, within a period of another four months. KURIAN JOSEPH, JUDGE smp