IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 25403 of 2005(Y) -------------------------- PETITIONER: --------------- P.S.UNNITHAN, AGED 51, S/O.LATE PRABHAKARAN UNNITHAN, KRISHNA VILASAM, KANNIMMEL, PATTAZHI, KOLLAM, WORKING AT QUILON GROUP NCC, BILLING CLERK IN UKC, KOLLAM. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENTS: --------------- 1. THE DIRECTOR GENERAL (NCC), ARMY HEAD QUARTERS, L BLOCK, ROOM NO.16, CHURCH ROAD, NEW DELHI. 2. THE DEPUTY DIRECTOR GENERAL OF NCC, (KERALA & LAKSHADEEP), DIRECTORATE, TRIVANDRUM. 3. COLONEL COMMANDER & CHAIRMAN, URC, QUILON GROUP NCC, KOLLAM. ADV. SRI.JOHN VARGHESE, ASSISTANT SG SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR GOVT. PLEADER SHRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25403 of 2005(Y) APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE SUSPENSION LETTER DATED 1.1.2005 ISSUED TO THE PETITIONER. EXT.P2: TRUE PHOTOCOPY OF THE CHARGE SHEET DATED 16.1.2005 ISSUED TO THE PETITIONER. EXT.P3: TRUE PHOTOCOPY OF THE EXPLANATION GIVEN ON JANUARY, 2005 BY THE PETITIONER. EXT.P4: TRUE PHOTOCOPY OF THE ORDER DATED 21.2.2005 ISSUED BY THE 3RD RESPONDENT. EXT.P5: TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P6: TRUE PHOTOCOPY OF THE JUDGMENT DATED 19.5.2005 IN WRIT PETITION NO.14984/2005 PASSED BY THIS HON'BLE COURT. EXT.P7: TRUE PHOTOCOPY OF THE LETTER DATED 4.7.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P8: TRUE PHOTOCOPY OF THE REPLY DATED 11.7.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P9: TRUE PHOTOCOPY OF THE ORDER DATED 11.7.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P10: TRUE PHOTOCOPY OF THE ORDER DATED 14.7.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P11: TRUE PHOTOCOPY OF THE REPRESENTATION DATED 28.7.2005 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): TRUE COPY OF THE TERMS AND CONDITIONS OF SERVICE OF URC EMPLOYEES DT.28.4.2003. EXT.R3(b): TRUE COPY OF THE REPLY DT.17.2.2005 SUBMITTED BY THE PETITIONER. //TRUE COPY// PA TO JUDGE AB KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 25403 OF 2005 --------------------------------------- Dated this the 17th day of December, 2008. J U D G M E N T Prayer is for a direction to the first respondent to dispose of Exhibit P11 representation. There is also a prayer for rehearing of Exhibit P5 appeal on merits. Apparently, the impugned orders are non-speaking orders and the contentions of the petitioner have not been adverted to. Therefore, this writ petition is disposed of as follows: In case the petitioner produces a copy of this judgment along with copy of the writ petition before the first respondent, he shall be given a fresh opportunity of hearing on Exhibits P5 and 11 and thereafter, the first respondent shall pass orders adverting to the contentions taken by the petitioner within another four months. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 25403 OF 2005 J U D G M E N T 17.12.2008