IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30412 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------- A.P.VASANTHA KUMAR, S/O.PADMANABHAN NAIR, AGED 46 YEARS, MOHANANILAYAM, KIZHAKKEYAKKARA,PALAKKAD, FORMERLY CLERK IN VAZHIPADU COUNTER MANIPPULLYKKAVU TEMPLE,PALAKKAD. BY ADV. SMT.NIDHI BALACHANDRAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY IT'S SECRETARY TO GOVERNMENT, DEPARTMENT OF DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM P.O.,KOZHIKODE- 673 006. 3. THE EXECUTIVE OFFICER, SREE MANAPPULLY BHAGAVATHY TEMPLE, PALAKKAD PIN-678 013. R1 BY SR. GOVERNMENT PLEADER SRI. E.M.ABDUL KHADER R2 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30412/2011 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- A TRUE COPY OF THE MEMORAMDUM OF CHARGES DTD 28/9/2000 ISSUED TO THE PETITIONER. EXT.P2:- A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER. EXT.P3:- A TRUE COPY OF THE ORDER DTD 4/8/2003 OF THE DEPUTY COMMISSIONER, HR & C.E.(ADMN)DEPARTMENT, KOZHIKODE. EXT.P4:- A TRUE COPY OF THE JUDGMENT IN CC 87/2006 ON THE FILE OF JFMC – II , PALAKKAD. EXT.P5:- A TRUE OCPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE DEPUTY COMMISSIONER H.R. & C.E.(ADMN) DEPARTMENT, KOZHIKODE. EXT.P6:- A TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD 4/1/2008. EXT.P7: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 19/11/2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.30412 of 2011-B. = = = = = = = = = = = = = Dated this the 21st November, 2011. J U D G M E N T The petitioner was an employee of the Malabar Devaswom Board. While working as a clerk in the vazhipadu counter of the Manappully Bhagavathy Temple, a criminal case was charged against him alleging that he had misappropriated an amount of ` 17,271.50. He was charged under Section 403, 406 and 408 IPC. According to the petitioner, the case was charged because of animosity that was nursed against him by the person who was holding the post of third respondent at the relevant time. On the basis of charges against him, he was terminated from service. An appeal filed by him against his termination was rejected reserving his right to file an appeal at a later point of time. Subsequently, the petitioner was tried and he was acquitted finding that he was not guilty of the charges levelled against WP(C).No.30412/2011-B. 2 him. Though the petitioner has submitted Exts.P5 and P6 representations before various authorities in the Malabar Devaswom Board, they were not considered. The petitioner has now submitted a fresh representation dated 19.11.2011 to the second respondent. The petitioner seeks the issue of appropriate directions for the consideration and disposal of Ext.P7. 2. I have heard the learned Standing Counsel appearing for the Malabar Devaswom Board. 3. Since Ext.P7 is pending consideration of the second respondent, it is only proper that the said authority is directed to consider the case of the petitioner in the first instance. This writ petition is therefore disposed of directing consideration of Ext.P7. 4. In the above circumstances, this writ petition is disposed of directing the second respondent to consider the representation submitted by the petitioner, evidenced herein by Ext.P7, in accordance with law and to pass WP(C).No.30412/2011-B. 3 appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. K.SURENDRA MOHAN, (Judge) Kvs/-