IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25034 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- K.V.VASANTHY, ASSISTANT TREASURY OFFICER, DISTRICT TREASURY OFFICE, KOZHIKODE, KOZHIKODE - 20. BY ADVS. DR.K.P.SATHEESAN SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY (FINANCE), FINANCE (ESTT-C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1 2. THE DIRECTOR, DIRECTORATE OF TREASURIES, THIRUVANANTHAPURAM - 1 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM - 33. BY GOVT. PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 25034/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPORT SENT BY T.P.SUSANTHA TO THE DISTRICT TREASURY OFFICER, KOZHIKODE DATED 19/11/2004. P2: COPY OF THE ORDER NO.12615/2004/VIG. DATED 22/11/2004 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE PROCEEDINGS OF THE DISTRICT TREASURY OFFICER, KOZHIKODE DATED 23/11/2004. P4: COPY OF THE ORDER NO.12615/2004/VIG. DATED 21/03/2005 ISSUED BY THE 2ND RESPONDENT. P5: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 02/04/2005. P6: COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 05/07/2005. P7: COPY OF THE MEMO OF CHARGES GIVEN TO THE PETITIONER ALONG WITH STATEMENT OF ALLEGATIONS DATED 04/11/2005. P8: COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE JOINT DIRECTOR OF TREASURIES DATED 20/12/2005. P9: COPY OF THE ORDER NO.B4-936/08 DATED 16/07/2008 ISSUED BY THE 2ND RESPONDENT. P10: COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT AS ORDER NO.B4-936/08 DATED 14/08/2008. P11: COPY OF THE JUDGMENT DATED 05/07/2010 IN WPC. NO.20778/2010. P12: COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT AS ORDER NO.EK2/8481/2010. P12(a):COPY OF THE ERRATUM ORDER DATED 23/09/2010 ISSUED BY THE 2ND RESPONDENT. P13: COPY OF THE JUDGMENT DATED 28/09/2010 IN WPC. NO.29738/2010. svs .............2/-.... ...2... WPC. NO.25034/2011 P14: COPY OF THE ORDER NO.VIG. 2/12615/04 DATED 10/08/2011 ISSUED BY THE 2ND RESPONDENT. P15: COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 22/08/2011. P16: COPY OF THE COMMUNICATION AS LETTER NO.77262/ESTT.C2/10/FIN. DATED 01/09/2011 GIVEN BY THE FIRST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:25034 OF 2011 ----------------------------------------------------------- Dated this the 29th September, 2011. JUDGMENT The petitioner is working as an Assistant Treasury Officer and is presently posted at the District Treasury Office, Kozhikode. During the year 2003-2004, there were instances of fraudulent withdrawal of money from the Additional Sub Treasury, Kozhikode. A vigilance case has been registered as Crime No.2/2005 against the then Additional Sub Treasury Officer and Senior Accountants, who were placed under suspension. Later on, the petitioner was also placed under suspension alleging supervisory lapse. The petitioner was thereupon issued a memo of charges on 4.11.2005. Though she submitted her statement of defence on 20.12.2005, the proceedings dragged on. The suspension of the petitioner was revoked subsequently and she was reinstated in service. She was also promoted as the Assistant Treasury Officer. At present, the disciplinary proceedings against the petitioner have been finalised and she has been imposed with a punishment of barring of three WPC No.25034/2011 2 increments with cumulative effect. The petitioner has challenged the punishment imposed on her by filing an appeal, which is pending before the first respondent. The petitioner is seriously aggrieved by Ext.P16 communication issued by the first respondent informing her that the appeal filed by her could not be considered until the report of the Vigilance and Anti Corruption Bureau is received. The petitioner seeks appropriate directions for consideration and disposal of her appeal, expeditiously. 2. The learned Government Pleader, on instructions, submits that as per the investigation conducted by the Vigilance and Anti Corruption Bureau, no culpability on the part of the petitioner has been revealed, so far. Therefore, she has not been made an accused in the said case. However, certain signatures have been sent for forensic examination, the report of which is awaited. Only after receiving the said report, the investigation proceedings would be finalised. 3. Since it is reported that the petitioner is at present not a person accused of any offence by the Vigilance and Anti Corruption Bureau, there is no necessity to await the report WPC No.25034/2011 3 of the said authority for the purpose of considering and disposing of the appeal filed by her. Therefore, Ext.P16 communication is absolutely without any justification. The first respondent is bound to consider the appeal of the petitioner, without waiting for the report of the Vigilance and Anti Corruption Bureau. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to consider the appeal filed by the petitioner evidenced herein by Ext.P15, in accordance with law, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/-K. SURENDRA MOHAN Judge css/ true copy P.S.TO JUDGE WPC No.25034/2011 4