IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 25844 of 2011(E) -------------------------- PETITIONER ------------------- D.SUNILKUMAR, (UD CLERK, KUTTIPPURAM BLOCK, MALAPPURAM DISTRICT) RESIDING AT SUNITHAS VIEW, T.C - 36/1457, VALLAKKADAVU P.O., THIRUVANANTHAPURAM, PIN - 695008 BY ADVS. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ SRI.B.BALA PRASANNAN SMT.Y.SEPONY RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER FOR RURAL DEVELOPMENT, L.M.S.COMPOUND, THIRUVANANTHAPURAM - 695001 2. THE JOINT DEVELOPMENT COMMISSIONER COMMISSIONERATE FOR RURAL DEVELOPMENT, L.M.S.COMPOUND, THIRUVANANTHAPURAM - 695001. BY SENIOR GOVERNMENT PLEADER SRI.E.M.PADMAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 25844 of 2011(E) -------------------------------------- APPENDIX ---------------------- PETITIONER(S) EXHIBITS ----------------------------------- EXT.P-1 A TRUE COPY OF THE INTIMATION LETTER NO.A-1361/08 DATED 30.10.20008 EXT.P-2 A TRUE COPY OF THE MEMO OF CHARGE NO.RD1-466/2009 DATED 30.07.2009 EXT.P-2(a) A TRUE COPY OF THE CHARGE SHEET NO.RD1-466/2009 DATED 30.07.2009 EXT.P-3 A TRUE COPY OF THE GO(RT) NO.836/2010/LSGD DATED 11.03.2010. EXT.P-4 A TRUE COPY OF THE ORDER NO.23450/ESTA.A4/08/CRD DATED 23.09.2010 EXT.P-5 A TRUE COPY OF THE REQUISITION LETTER ISSUED BY THE GOVERNMENT DATED 04.01.2008 EXT.P5(a) A TRUE COPY OF THE INTIMATION NO.A-768/06 DATED 09.01.2008 EXT.P-6 A TRUE COPY OF THE ORDER NO.A-768/07 DATED 04.12.2007 OF THE BDO, ATHIYANNOOR. EXT.P6(a) A TRUE COPY OF THE LETTER NO.D2/3123/07 ISSUED BY THE ASST.DEVELOPMENT COMMISSIONER (GENERAL) OF TRIVANDRUM COLLECTORATE DATED 09.04.2008 EXT.P-7 A TRUE COPY OF THE LETTER NO.A-768/07 ISSUED BY THE ATHIYANNOOR BLOCK DEVELOPMENT OFFICER DATED 03.04.2008 EXT.P7(a) A TRUE COPY OF THE ORDER NO.RD1366/08 DATED 07.04.2008 BY THE ASST.DEVELOPMENT COMMISSIONER OF MALAPPURAM DISTRICT. EXT.P-8 A TRUE COPY OF REPRESENTATION BEFORE THE 1ST RESPONDENT DATED 10.10.2008 RESPONDENTS' EXHIBITS : NIL ----------------------------------------- /TRUE COPY / P.A. TO JUDGE VK K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.25844 of 2011 --------------------------------------------- Dated this the 13th day of October 2011 JUDGMENT The petitioner, who is a U.D.Clerk in the Rural Development Department of Kerala, presently posted at the Kuttipuram Block Panchayat in Malappuram District, has filed this writ petition complaining of the delay in completing the disciplinary proceedings initiated against him. The counsel for the petitioner places reliance on the direction in Ext.P4 where the Commissioner for Rural Development has instituted the enquiry with a specific direction to the second respondent to complete the same within one month thereof. The said order is dated 23.9.2010. Though more than an year has elapsed thereafter, the petitioner complains that the proceedings are still dragging on. 2. The learned Government Pleader submits that the delay was due to the fact that the petitioner had not submitted his objections in time. It is also submitted that WPC No.25844 of 2011 2 the petitioner had unauthorisedly gone abroad. 3. As noticed above, there are allegations and counter allegations regarding the cause for the delay in completion of the disciplinary proceedings. But, the fact remains that though the first respondent had directed the enquiry to be completed within a month, more than an year has elapsed. It is therefore absolutely necessary that the proceedings are completed without further delay. 4. In view of the above, without expressing any opinion on the merits of the contentions on either side, this writ petition is disposed of directing the second respondent to complete the disciplinary proceedings against the petitioner initiated as per Ext.P2(a) 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. The petitioner shall produce a copy of this judgment before the second respondent, for compliance. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.S.TO JUDGE