IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WA.No. 2008 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN I.A.NO.2639/2008 IN OP.3535/2003 Dated 11/03/2008 .................... APPELLANT/PETITIONER/3RD RESPONDENT: ---------------------------------------- THE PROJECT DIRECTOR, STED PROJECT, 5TH FLOOR, INDUS AVENUE, KALLAI ROAD, KOZHIKODE 673 002. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS/RESPONDENTS/PETITIONERS & RESPONDENTS 1,2 & 4: ------------------------------------------------------------- 1. MADHURI.P., RECEPTIONIST, STED (SCIENCE AND TECHNOLOGY ENTREPRENEURSHIP DEVELOPMENT) PROJECT, KOZHIKODE-673 002, RESIDING AT "AMMA", NEAR GOVERNMENT HIGHER SECONDARY SCHOOL, FEROKE P.O., KOZHIKODE. 2. GEEJABAI P.M., COMPUTER FACULTY, STED PROJECT, KOZHIKODE 673 002, RESIDING AT "SANTHOSH", 29/1265, KOTTOLI, KOZHIKODE 674 016. 3. P.SREEDHARAN, PROJECT ASSISTANT, STED PROJECT, KOZHIKODE-673 002 RESIDING AT "PUTHIYOTTIL" HOUSE, MUCHUKUNNU P.O., QUILANDY. 4. THE CHIEF SECRETARY TO GOVERNMENT OF KERALA & CHAIRMAN, STEERING COMMITTEE, STED PROJECT, OFFICE OF THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT BUILDINGS, THIRUVANANTHAPURAM 695 001. 5. THE EX-OFFICIO SECRETARY TO GOVERNMENT OF KERALA, SCIENCE & TECHNOLOGY & ENVIRONMENT DEPARTMENT, CHAIRMAN, STED (SCIENCE, TECHNOLOGY AND ENVIRONMENT COMMITTEE), GOVERNMENT OF KERALA, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM. WA.2008/2008 6. SRI.T.K.MANZOOR, FORMER PROJECT DIRECTOR STED, INDUS AVENUE, KALLAI ROAD, KOZHIKODE 673 002 BY ADV.SRI.ALEXANDER THOMAS FOR R1 TO R3 GOVT.PLEADER SRI.K.SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.2008 OF 2008 () ----------------------------------- Dated this the 22nd day of October, 2008 J U D G M E N T KOSHY,J. Three employees filed a writ petition stating that no action is taken against the Officer (6th respondent herein) for the alleged sexual harassment and other complaints and also to quash show cause notices issued to them for filing such complaints. According to the learned Single Judge, allegations against the Officer should be enquired by the Committee. The learned Single Judge has observed at paragraph 17 of the impugned judgment as follows: “17. After the report of that committee is received, it would be open to the disciplinary authority of the petitioners, if the disciplinary authority is still of opinion that the disciplinary proceedings against the petitioners should be continued, to complete the disciplinary proceedings after complying with the principles of natural justice such as notice calling for explanations of the petitioners, conducting an enquiry in compliance with the principles of natural justice as W.A.2008/08 2 contemplated by law, after giving an opportunity to the petitioners to defend themselves in that enquiry, giving copy of the enquiry report to the petitioners, calling upon them to give their comments, giving show cause notice regarding the punishment etc. if they are found guilty. In the meanwhile, the petitioners shall be reinstated in service forthwith by the 3rd respondent and allow them to continue in service as before till final orders are passed in the disciplinary proceedings to be initiated and completed as directed above. However, the question regarding their entitlement to back wages for the period when they were kept out of service would be decided only after the disciplinary proceedings are finally concluded, subject to the result of the disciplinary proceedings. I also direct that the disciplinary proceedings shall also be completed as expeditiously as possible, after the enquiry on the allegations against the 4th respondent on gender harassment raised by the petitioners but not later than three months from the date of completion of that enquiry. The original petition is disposed of as above.” It is submitted that after conducting enquiry against the 6th respondent herein regarding gender harassment, Annexure A Enquiry report was submitted on 25.6.2007. Since the allegations against that Officer was not proved, appellant wanted further time to take disciplinary action W.A.2008/08 3 against the writ petitioner. The learned Single Judge ordered that after conducting the enquiry, if necessary, subsequent action should be taken as expeditiously as possible against the writ petitioner. Maximum time allowed was three months. The time granted for taking disciplinary action was hence over on 25.9.2007. The learned Single Judge allowed the writ petition as it has become final. An application for extension of time was filed before the learned Single Judge on 13.2.2008 after about five years of expiry of time fixed by the Learned Judge. The application was also rejected. Hence this writ appeal was filed. Annexure A report relied on by the appellant also shows that no enquiry was conducted after the judgment. All the evidence relied on was the evidence taken in 2001 and 2004 which was found unreliable earlier and therefore Annexure A is not the report passed in accordance with the directions of the learned Single Judge. In any event, the report is on 25.6.2007. Even if that report is correct, the present appellant could have taken disciplinary proceedings against the writ petitioner within the time allowed by the learned Single Judge. But no disciplinary action was taken against the petitioners within three months from the date of completion of the proceedings and even the extension W.A.2008/08 4 application was filed only in 2008. In these circumstances, on the basis of Annexure A, no disciplinary action can be taken against the writ petitioners. In any event, application for extension of time was rejected by the learned Single Judge using the jurisdictional discretion and no grounds are made out to interfere in the same in an intra court appeal. Hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 14th October, 2008