IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 6324 of 2009(I) ------------------------- PETITIONER: --------------- BABY .M.I., SUB INSPECTOR OF POLICE, DISTRICT SPECIAL BRANCH AYYANTHOLE, THRISSUR. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,VIGILANCE (A) DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. ADDITIONAL CHIEF SECRETARY VIGILANCE (A) DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE UNDER SECRETARY TO GOVERNMENT , VIGILANCE (A) DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. *4. THE KERALA PUBLIC SERVICE COMMISSION, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. (IMPLEADED AS PER ORDER ON I.A NO.3936 OF 2009 DATED 20.3.2009) BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 6324 of 2009 -------------------------- Dated this the 20th March,2009 J U D G M E N T The petitioner is presently working as Sub Inspector of Police, District Special Branch, Thrissur. The petitioner and four other officers were involved in a disciplinary proceedings. The enquiry was conducted by the Vigilance Tribunal, Kozhikode as Enquiry Case No.11/2001. Apparently, the grievance now raised is that even though the petitioner was offered a personal hearing by the 3rd respondent on different dates without completing the formality of a hearing the matter is being finalised. Petitioner submits that to the show cause notice Exhibit-P1 he submitted a detailed explanation as Exhibit-P2 followed by Exhibit-P3 representation. Initially a personal hearing was scheduled to be held on 24.6.2008 as per Exhibit-P4 notice. As the petitioner had to appear before the Sessions Court (Fast Track III) Kozhikode in S.C No.536/2006 as a witness he could not W.P ( C) No. 6324 of 2009 2 appear on that day and hence sought for adjournment. It was adjourned to 30.6.2008. But no notice was received by him, states the petitioner. Again he requested for a personal hearing by Exhibit-P6 letter. In reply he was informed that the hearing was scheduled on 12.8.2008. He could not turn up on that day as he was laid up. Along with a medical certificate he applied for further time. On a later day namely 13.10.2008 the hearing was fixed. It is evidenced by Exhibit-P9 letter. Since the letter was not in the address of the petitioner in Thrissur and was redirected to his residential address the same was received by his wife only on 13.10.2008. Hence on that day also he could not appear. Accordingly he submitted Exhibits P11 and P12 requesting for a personal hearing in the matter on a date to be fixed. 2. Learned Government Pleader, on instructions, submits that since the petitioner is insisting for a personal hearing that opportunity can be given to him and a date can be fixed for such a hearing. W.P ( C) No. 6324 of 2009 3 3. Therefore the petitioner will appear before the 3rd respondent on 2.4.2009 at 3 p.m for the due completion of the proceedings. If the petitioner does not appear on that day the matter could be finalised by the respondents herein. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 6324 of 2009 4 W.P ( C) No. 6324 of 2009 5