IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 28735 of 2007(U) -------------------------- PETITIONERS: ------------------- 1. BSNL PERSONAL STAFF ASSOCIATION, D-502, PRANEY NAGAR, RAM MANDIR ROAD, EXTENSION BORIVALI, MUMBAI REPRESENTED BY ITS GENERAL SECRETARY SRI.G.RAJAN, STENO, OFFICE OF THE GENERAL MANAGER, TELECOM, BSNL, KOLLAM. 2. SRI.M.T. SASIDHARA MENON, CIRCLE TEASURER, BSNL PERSONAL STAFF ASSOCIATION, KERALA CIRCLE UNIT, ERNAKULAM. 3. SRI.C.N.UDAYAKUMAR, STENOGRAPHER, OFFICE OF THE PRINCIPAL GENERAL MANAGER TELECOM, BSNL BHAVAN,KALATHILPARAMBIL ROAD ERNAKULAM, KOCHI-16. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ---------------------- 1. BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, STATESMAN HOUSE,BHARAKHAMBA ROAD NEW DELHI-01, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR. 2. THE ASSISTANT DIRECTOR GENERAL(PERS.II), BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, STATESMAN HOUSE,BHARAKHAMBA ROAD, NEW DELHI-01. 3. THE CHIEF GENERAL MANAGER, TELECOMMUNICATION, BHARAT SANCHAR NIGAM LIMITED, KERALA CIRCLE, THIRUVANANTHAPURAM. BY ADV. SRI.M.V.S.NAMPOOTHIRY, SC FOR BSNL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28735 of 2007(U) PETITIONERS' EXHIBITS:- Ext.P1:- Copy of the Officer order No.BSNL/26/SR/2002 dtd.7.8.02. Ext.P2:- Copy of the letter dtd.12.9.2005 issued by the second respondent. Ext.P3:- Copy of memo No.ST-II/29-12/05 dtd.19.10.02. Ext.P4:- Copy of order No.ST-II/29-12/05 dtd.10.5.06. Ext.P5:- Copy of order No.ST-II/29-12/05 dtd.10.5.06 (second upgradation. Ext.P6:- Copy of order No.ST-II/29-12/05 dtd.18.11.06 (first upgradation). Ext.P7:- Copy of order No.ST-II/29-12/05 dtd.31.7.06. Ext.P8:- Copy of order No.ST-II/29-12/05 dtd.16.8.07. Ext.P9:- Copy of the Award dtd.5.2.2007 in ID.NO.10/2005 of the Industrial Tribunal cum Labour Court, Ernakulam. Ext.P10:- Copy of the Office Memorandum No.400-61/2004-Pers,I/308 dated 18.1.2007. Ext.P11:- Copy of the Circular No.25-4/2006-Pers-II dated 20.8.2007. Ext.P12:- Copy of the representation dated 18.9.2007. Ext.P13:- Copy of the Office order No.ST-II/29-12/06 dated 22.9.2007. Ext.P14:- Copy of the Office order No.ST-II/29-12/06 dated 22.9.2007. RESPONDENTS' EXHIBITS:- NIL. ( true copy ) PS TO JUDGE. kvs/- V.GIRI, J. ------------------------- W.P.(C).No.28735 of 2007 U ------------------------- Dated this the 27th day of June, 2008. JUDGMENT The challenge mounted in this writ petition is one similar to the challenge made in W.P.(C) No.28989/07 and the said writ petition was allowed finding that the orders impugned therein were passed in violation of the principles of natural justice. Ext.P11 issued in this was Ext.P11 in the said case also and the same was directed to be treated as a show cause notice. In the result, the writ petition is disposed of in the following terms: Exts.P13 and P14 are set aside. Ext.P11 shall be treated as a show cause notice and the persons, who are affected by the same, including the members of the 1st petitioner Association, shall be entitled to file objections thereto, within a period of three weeks from the date of receipt of a copy of this judgment. Thereafter, the 1st respondent shall hear the objectors and pass fresh orders in place of Ext.P11. Sd/- (V.GIRI) JUDGE sk/ //true copy//