IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17798 of 2009(T) -------------------------- PETITIONER(S): --------------- M.ANILKUMAR, 'THAMPURU' AYIROOPPARA PO TRIVANDRUM DISTRICT, NOW WORKING AS DISH WASHER AT INDIAN OFFICE HOUSE, THIRUVANANTHAPURAM. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT(S): --------------- 1. INDIAN COFFEE BOARD WORKER'S CO-OP SOCIETY LTD, HEAD OFFICE, THRISSUR, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT INDIAN COFFEE BOARD WORKERS CO-OP.SOCIETY LTD HEAD OFFICE, THRISSUR. 3. THE CHAIRMAN SUB COMMITTEE INDIAN COFFEE BOARD WORKERS CO-OP.SOCIETY LTD, HEALD OFFICE,THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17798 of 2009 --------------------------------- Dated, this the 26th day of June, 2009 J U D G M E N T The petitioner is a counter clerk at the Thiruvnanthapuram outlet of the 1st respondent. By Ext.P1, he was placed under suspension and subsequently he was charge sheeted by Ext.P2. His explanations were rejected and a Committee was appointed to conduct an enquiry. The enquiry was conducted and on the basis of the report, finding him guilty, by Ext.P4, he was dismissed from the service. However, subsequently, he was reinstated as a Dish Washer, in which post he is continuing. Aggrieved by the reversion, the petitioner has represented by Ext.P6. In this writ petition he challenges the punishment imposed and seeks reinstatement as counter clerk. 2. In my view, if in the disciplinary proceedings, the punishment imposed is disproportionate to the misconduct proved or is illegal for any other reason, it is for the delinquent employee to challenge the same in the manner as provided by raising a dispute WP(C) No.17798/2009 -2- or by filing an appeal. Such statutory remedies cannot be bye- passed by filing a representation as Ext.P6. Therefore, leaving it open to the petitioner to pursue his remedies in appropriate proceedings, this writ petition is dismissed. (ANTONY DOMINIC, JUDGE) jg