IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 33635 of 2008(D) -------------------------- PETITIONER: ------------- M.C.OUSEPH, UPPER DIVISION CLERK, OFFICE OF ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL WING, (IRRIGATION) SUB DIVISION, ALUVA. RESIDING AT KALAPPURACKAL HOUSE, CHEMMEENKUTHU, CHALAD P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ---------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33635 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2008 JUDGMENT The petitioner is presently working as Assistant Executive Engineer in the Water Resources Department. By Ext.P1 order passed on 17.01.2008, the Chief Engineer (Administration) imposed on him the punishment of censure. It was also directed that the period of unauthorized absence shall be treated as leave without allowance. Aggrieved by Ext.P1, the petitioner has filed Ext.P10 appeal under rule 23 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 before the Principal Secretary to Government, Water Resources Department. The petitioner submits that though more than 7 months have passed after Ext.P10 appeal was filed, steps have not been taken to hear him and dispose of the appeal. The petitioner prays that the 1st respondent may be directed to consider Ext.P10 appeal and pass orders thereon within a time limit to be fixed by this Court. 2. Rule 23 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 confers on the petitioner a right to file appeal from Ext.P1. Since the petitioner has invoked that remedy by W.P.C.No. 33635 OF 2008 -:2:- filing Ext.P10 appeal as early as in March 2008, it is only desirable that the said appeal is expeditiously heard and disposed of. 3. In these circumstances, I dispose of the Writ Petition with a direction to the 1st respondent to consider Ext.P10 appeal and pass orders thereon within a period of 3 months from the date of receipt of a certified copy of this judgment, after affording the petitioner an opportunity of being heard. (P.N. RAVINDRAN, JUDGE) ttb W.P.C.No. 33635 OF 2008 -:3:-