IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 16239 of 2009(Y) ------------------------------------ PETITIONER : - ----------------------- K. RAJAN, S/O. NARAYANAN NAMBIAR, AGED 51 YEARS, CHARANAKANDI HOUSE, CHOWA P.O, KANNUR, FORMERLY WORKING AS SANITARY WORKS-CUM-SWEEPER, AARALAM GOVT.AYURVEDIC HOSPITAL, AARALAM. BY ADVS. SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENTS : - -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TRIBAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT, KANNUR. 3. THE DIRECTOR, SCHEDULED TRIBE DEVELOPMENT DIRECTORATE, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY SPL. GOVT. PLEADER SMT. LALY VINCENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16239 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE COMPLAINT BEFORE THE MEDICAL OFFICER OF THE HOSPITAL ON 02.03.1995. EXT P2 : COPY OF THE FORWARDING LETTER OF THE MEDICAL OFFICER. EXT P3 : COPY OF THE CHARGE MEMO. EXT P4 : COPY OF THE ENQUIRY REPORT DATED 05.09.1997. EXT P5 : COPY OF THE ORDER OF DISMISSAL DATED 10.11.1997. EXT P6 : COPY OF THE APPEAL MEMORANDUM DATED 09.01.1998. EXT P7 : COPY OF THE ORDER PASSED BY THE APPELLATE AUTHORITY DATED 03.06.1998. EXT P8 : COPY OF THE ORDER DATED 26.11.1999 OF THE SESSIONS COURT, THALASSERY. EXT P9 : COPY OF THE ORDER DATED 16.09.2002 OF THE CHIEF JUDICIAL MAGISTRATE, THALASSERY. EXT P10 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR REINSTATEMENT IN SERVICE. EXT P11 : COPY OF THE REMINDER DATED 26.06.2006. EXT P12 : COPY OF THE INTIMATION DATED NIL ISSUED BY THE 2nd RESPONDENT. EXT P13 : COPY OF THE ORDER ISSUED BY THE 1st RESPONDENT REJECTING EXT. P10 APPLICATION. EXT P14 : COPY OF THE REQUEST LETTER DATED 13.10.2011. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 16239 OF 2009 ----------------------------------------------------------- Dated this the 30th November, 2011. JUDGMENT The petitioner while working as a Sanitary Worker -cum- sweeper in Aaralam Government Ayurveda Hospital, Aaralam was initially suspended and later on dismissed from service on 7-3-1995. Action was taken against the petitioner on the basis of Ext.P1 complaint made by a person of unsound mind, of offences punishable under Section 3(1)(XI) of Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act and Section 376 of the IPC. The Sessions Court, Thalassery discharged the petitioner and handed over the case to the Chief Judicial Magistrate, Thalassery with the observation that no offence under Section 3(1)(XI) of Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act would lie against the petitioner. Thereafter, the Chief Judicial Magistrate confined the charge to one under Section 420 IPC on the allegation that the petitioner had committed cheating by dishonestly inducing delivery of property. However, when the case was taken up for trial the complainant compounded the offence and the petitioner was acquitted of the charges levelled against him, as per Ext.P9 order. WPC 16239/2009 2 Pursuant to Exts.P8 and P9 orders the petitioner submitted Ext.P10 application for reinstatement in service. Though Ext.P10 was followed up with Ext.P11 reminder, the petitioner complains that no orders have been passed on his application so far. The petitioner has submitted Ext.P14 a fresh representation to the first respondent seeking his reinstatement in service. He prays for the issue of a direction to consider and dispose of Ext.P14. 2. I have heard the learned Special Govt. Pleader also. 3. Since Ext.P14 is pending consideration of the first respondent, it is only proper that the same is considered and a decision is taken thereon by the first respondent, expeditiously. 4. This writ petition is accordingly disposed of directing the first respondent to consider the representation of the petitioner evidenced herein by Exts.P10, P11 and P14 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner also. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 16239/2009 3