IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 27TH JULY 2007 / 5TH SRAVANA 1929 WP(C).No. 8484 of 2007(I) ------------------------- PETITIONER: ------------ LEELAMANI, HEAD CLERK, SUB REGISTRAR'S OFFICE, THALAYAZHAM, KOTTAYAM DISTRICT, (GANGOTHRI, PALAKKATTU KUDAMALOOR, KOTTAYAM. BY ADV. SMT.P.V.ASHA RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES(E), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF REGISTRATION, KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8484 of 2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE ORDER G.O (RT) NO.297/2001/VIG DT.30.10.2001 EXHIBIT-P2: TRUE COPY OF THE ORDER G.O (RT) NO.238/2002/VIG. DATED 24.10.2002 EXHIBIT-P3: TRUE COPY OF THE ORDER DATED 6.11.2002 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P4: TRUE COPY OF THE MEMO OF CHARGES DATED 1.2.2002 EXHIBIT-P5: TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER EXHIBIT--P6: TRUE COPY OF THE ORDER NO.E.12-29245/02 DATED 18.9.2003 EXHIBIT-P7: TRUE COPY OF THE ORDER NO. G.O NO.594/2006 DATED 3.10.2006 ISSUED BY THE 1ST RESPONDENT EXHIBIT-P8: TRUE COPY OF THE LETTER DATED 28.2.2007 FROM THE INFORMATION OFFICER, VIGILANCE (C ) DEPARTMENT EXHIBIT-P9: TRUE COPY OF THE LETTER DATED 7.3.2007 FROM THE INFORMATION OFFICER, VIGILANCE DEPARTMENT /TRUE COPY/ K. BALAKRISHNAN NAIR, J. --------------------------------- W.P.(C) No. 8484 of 2007-I --------------------------------- JUDGMENT The petitioner challenges Ext.P7 order of the Government, by which the disciplinary action against her and 9 others were reopened without notice to them. Serial Nos.4 and 6 in Ext.P7 have challenged that order before this Court in W.P.(C) No.7163/2007. The said writ petition was allowed, quashing Ext.P7 to the extent it affects them, with liberty to the Government to pass fresh orders in the matter in accordance with law. Therefore, it is only appropriate that the very same order is passed in this case also. Accordingly, Ext.P7 to the extent it affects the petitioner is quashed. But, the Government will be free to pass fresh orders in the matter, if it thinks fit, in accordance with law, after affording an opportunity of being heard to the petitioner. This, the Government shall do within three months from the date of production of a copy of this judgment. If no orders are passed within three months as directed above, the petitioner's claim for promotion with effect from the date her juniors were promoted, shall be WP(C) No.8484/07 : 2 : considered by the 2nd respondent within one month thereafter. The Writ Petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE. 27th July, 2007. nm.