IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 33666 of 2010(G) -------------------------- PETITIONER(S): --------------- P.VALSARAJ, SCIENTIS-B, ANERT, OPPOSITE TO POLICE GROUND, THYCADU, THIRUVANANTHAPURAM-14. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY, POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. THE DIRECTOR, AGENCY FOR NON-CONVENTIONAL ENERGY AND RURAL TECHNOLOGY (ANERT), OPPOSITE TO POLICE GROUND, THYCADU, THIRUVANANTHAPURAM-14. 3. AGENCY FOR NON-CONVENTIONAL ENERGY AND RURAL TECHNOLOGY, REPRESENTED BY ITS EXECUTIVE COMMITTEE, ANERT, OPPOSITE TO POLICE GROUND, THYCADU, THIRUVANANTHAPURAM-14. ADV. SRI.V.G.ARUN FOR R2&3 GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/1/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 33666/2010 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER DTD.12.3.09. P2. COPY OF THE ORDER DTD.30.5.09. P3. COPY OF THE MINUTES OF THE MEETING DTD.11.5.09. P4. COPY OF THE SUBMISSION OF THE PETITION DTD.4.6.09. P5. COPY OF THE GOVT. ORDER DTD.17.7.09. P6. COPY OF THE ORDER DTD.26.8.09 OF THE ANERT. P7. COPY OF THE LEAVE APPLICATION DTD.3.10.09. P8. COPY OF THE COMMUNICATION DTD.7.10.09. P9. COPY OF THE SUBMISSION DTD.12.10.09 TO R2. P10. COPY OF THE ANERT ORDER DTD.23.10.09. P11. COPY OF THE MEMO OF CHARGES DTD.18.11.09. P12. COPY OF THE LETTER DTD.25.11.09. P13. COPY OF THE REPLY DTD.3.12.09 TO R2. P14. COPY OF THE ANERT ORDER DTD.10.12.09. P15. COPY OF THE ANERT ORDER DTD.30.4.10. P16. COPY OF THE APPEAL DTD.2.6.10 TO R1. P17. COPY OF THE SUBMISSION DTD.16.9.10 BEFORE R1. P18. COPY OF THE REMINDER TO R1. P19. COPY OF THE CONDUCT CERTIFICATE. P20. COPY OF THE GOVT. ORDER DTD.16.1.2010. P21. COPY OF THE RELEVANT PORTION OF THE GOVT. ORDER DTD.5.6.04. P22. COPY OF THE COMMUNICATION DTD.26.11.10 BY R1. P23. COPY OF THE COMMUNICATION DTD.4.1.2011 BY R1. P24. COPY OF THE SUBMISSION DTD.9.12.2010 TO R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.33666 of 2010 ================== Dated this the 11th day of January, 2011 J U D G M E N T The petitioner is a Scientist-B in the Agency for Non-conventional Energy and Rural Technology (ANERT). He has been subjected to disciplinary proceedings, which have culminated in Ext.P15 punishment of barring of one increment with cumulative effect. The petitioner contends that the order has been passed by the 2nd respondent, who does not have jurisdiction to pass the order insofar as, as is clear from Ext.P21 rules applicable, the disciplinary powers of the Director extend only upto the Section Officer and the petitioner is a Scientist-B above the post of Section Officer. The petitioner has already filed Ext.P16 appeal and supplemented the same by Ext.P18 against the order of punishment before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P16 appeal as supplemented by Ext.P18, expeditiously. 2. I have heard the learned counsel appearing for respondents 2 and 3, as also the learned Government Pleader. 3. Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P16 as supplemented by Ext.P18, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified w.p.c.33666/10 2 copy of this judgment after affording an opportunity of being heard to the petitioner as well as the 2nd respondent. Till orders are thus passed, Ext.P15 order shall not be implemented. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge