IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 28425 of 2010(S) -------------------------- TA.9/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. CHIEF GENERAL MANAGER, TELECOM, KARALA CIRCLE, THIRUVANANTHAPURAM. 2. THE AREA MANAGER, TELECOM, BSNL, CHANGANASSERY, (CHARGE PRESENTLY HELD BY DGM (O & M), O/O.PGMT, BSNL, KOTTAYAM). 3. DIVISIONAL ENGINEER, TELECOM, BSNL, CHANGANASSERY. 4. DIVISIONAL ENGINEER (DEPARTMENT OF INQUIRIES), INQUIRING AUTHORITY, O/O.CHIEF GENERAL MANAGER, TELECOM, KERALA CIRCLE, BSNL, THIRUVANANTHAPURAM. 5. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATION & I.T., DAK BHAVAN, SANSAD MARG, NEW DELHI. BY ADV. SRI.P.J.PHILIP RESPONDENT(S): --------------- K.V. VIJAYAN, SON OF LATE VELAYUDHAN, EX-TELECOM MECHANIC, TELEPHONE EXCHANGE, CHANGANASSERRY P.O., RESIDING AT ASWATHI BHAVAN, SANTHIPURAM P.O., CHENGANASSERY, KOTTAYAM DISTRICT. ADV. SRI.P.C.SEBASTIAN SRI.MARTIN G.THOTTAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE T.A.NO. 9 OF 2009 FILED BY THE RESPONDENT HEREIN BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P2 TRUE COPY OF JUDGMENT DATED 16.7.1998 IN A.S.NO. 229 OF 1990 OF THE ADDL. DISTRICT COURT, KOTTAYAM. EXT.P3 TRUE COPY OF THE JUDGMENT DATED 7.7.1999 OF THIS HON'BLE COURT IN M.S.A.NO. 1 OF 1999 EXT.P4 TRUE COPY OF MEMO NO. DEP/CHC/X2/2000-01/100 DATED 28.12.2000 ISSUED BY THE THIRD PETITIONER TO THE RESPONDENT. EXT.P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS. EXT.P6 TRUE COPY OF THE ORDER DATED 11.6.2010 IN T.A.NO. 9 OF 2009 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P7 TRUE COPY OF THE LIST OF THE DOCUMENTS FILED BY THE COUNSEL IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P8 CERTIFIED COPY OF ORDER DATED 15.7.2010 IN .T.A.NO. 9 OF 2009 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. RESPONDENT'S EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.P.C. No. 28425 of 2010 -------------------------------------------- Dated this the 6th day of October, 2010 JUDGMENT Ramachandran Nair, J. Writ Petition is filed challenging the order of the Central Administrative Tribunal directing disciplinary authority to reconsider the action against respondent on account of the act of indiscipline committed by him, that is failure to inform the Department about insolvency declared by civil court. We have heard standing counsel for the petitioner and counsel appearing for the respondent. 2. After hearing both sides and after going through the Tribunal's order, we find that the Tribunal has only directed compliance of Rule 17 of the Conduct Rules, which says that Government servant should avoid being in habitual indebtedness or insolvency. The further requirement of the Rule is that insolvency should be forthwith communicated to the Government which was not done by the respondent. The case of the petitioner is that declaration of insolvency itself is a misconduct entitling the department to initiate disciplinary WPC 28425 of 2010 2 proceedings. However, this position is not seen recognised in the Rule and what Rule 17 says is that employee is bound to inform about declaration of insolvency or even pendency of insolvency petition to the Government, which is not done by the respondent. So much so, the Tribunal directed the matter to be considered by the disciplinary authority in terms of Rule 17. We do not find any ground to interfere with the order of the Tribunal because what the Tribunal directed is to comply with the Rule. Since insolvency itself is not an offence warranting any punishment, Writ Petition filed by the department is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WPC 28425 of 2010 3