IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 27590 of 2009(P) -------------------------- PETITIONER: --------------- N.SREEKUMAR, SENIOR BRANCH MANAGER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., PATTANAKKAD BRANCH, PATTANAKKAD P.O., CHERTHALA. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY MR.N.SANTHA MR.PETER JOSE CHRISTO MR.S.A.ANAND RESPONDENTS: --------------- 1. STATE INFORMATION COMMISSION, KERALA, PUNNEN ROAD, THIRUVANANTHAPURAM, PIN - 695 039, REPRESENTED BY ITS SECRETARY. 2. STATE CHIEF INFORMATION COMMISSIONER, STATE INFORMATION COMMISSION, KERALA, PUNNEN ROAD, THIRUVANANTHAPURAM, PIN - 695 039. 3. THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., ALAPPUZHA, PIN - 688 001. 4. A.A.SOLOMON, ARAKKAL HOUSE, THUMPOLY P.O., ALAPPUZHA, PIN - 688 008. ADV. MR. M.AJAY, SC, STATE INFORMATION COMMN FOR R1&2 MR.P.K.VIJAYAMOHANAN,SC,ALP.DIST.CO-OP FOR R3 MR. K. RAMESH – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27590 of 2009 PETITIONER'S EXHIBITS EXT.P1: COPY OF LETTER NO.7258/09-10 DTD 21.7.2009 OF GENERAL MANAGER OF THE BANK. EXT.P1(a): COPY OF ENCLOSURE OF EXT.P1. EXT.P1(b): COPY OF ENCLOSURE OF EXT.P1. EXT.P1(c): COPY OF ENCLOSUSRE OF EXT.P1. EXT.P1(d): COPY OF ENCLOSURE OF EXT.P1. EXT.P2: COPY OF REPLY DATED 27.7.2009 SUBMITTED BY THE PETITIONER TO EXT.P1. EXT.P3: COPY OF CIRCULAR DTD 22.8.2009 ISSUED BY THE BANK. EXT.P4: COPY OF THE LETTER NO.11816/09-10 DTD 10.9.2009 OF GENERAL MANAGER(1/C) OF THE BANK. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.27590 OF 2009 ------------------------------- Dated this the 20th day of MAY, 2010 J U D G M E N T The petitioner challenges Ext.P1 letter of the third respondent and Ext.P1(d) order of the State Information Commission. Inter alia, the petitioner contends that the petitioner had not been given opportunity of being heard. Ext.P1 is the order passed by his employer initiating disciplinary proceedings for non-compliance with the provisions of the Right to Information Act on the basis of the direction issued by the State Information Commission by Ext.P1(d) order. One of the contention raised by the petitioner is that Ext.P1(d) order has been passed without notice to the petitioner. 2. The learned Standing counsel appearing for the State Information Commission submits that it appears that the petitioner has not been given notice before passing Ext.P1(d). If that be so, the same is violative of principles of natural justice. Accordingly, Exts.P1 and P1(d) are quashed. The State W.P.(C)No.27590/09 2 Information Commission, the first respondent herein is directed to pass fresh orders, after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.27590/09 3