IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 OP.No. 21258 of 2001(E) ---------------------------------- PETITIONER(S): ----------------------- SRI.RAJENDRAN, REP.BY GUARDIAN & WIFE SMT.RAJESWARI, KAREEPARAMBIL HOUSE, NANDIKULANGARA, MANDAM P.O., PARAUR, ERNAKULAM DISTRICT. BY ADVOCATE. SMT.C.NANDINI MENON RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY THE SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, OFFICE OF THE COMMISSIONER OF KERALA CIVIL SUPPLIES CORPORATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR , KERALA CIVIL SUPPLIES CORPORATION, THIRUVANANTHAPURAM. 4. THE TALUK SUPPLY OFFICE, PARAVOOR, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.34611/2001 IN OP. NO.21258/2001 Dismissed 21.01.2009 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.JAYAPRAKASH K.K. OF KUSUMAGIRI MENTAL HEALTH CENTRE, KAKKANAD, DT. 13.6.01. P2:- COPY OF THE REPLY DT. 28.8.01 SUBMITTED BY THE WIFE OF THE PETITIONER. P3:- COPY OF THE COMPLAINT DT. 8.9.2000 GIEN BY THE WIFE OF THE PETITIONER TO THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION. P4:- COPY OF THE REPLY DT. 23.10.2000 BY THE ADDITIONAL SECRETARY TO SRI.P.RAJU M.L.A. P5:- COPY OF THE MEMO OF CHARGES NO.CS.C5 4034/2000 (2) DT. 17.3.2001 ISSUED BY 3RD RESPONDENT TO THE PETITIONER. P6:- COPY OF THE REPLY DT. 2.5.01 SUBMITTED BY THE WIFE OF THE PETITIONER TO THE 3RD RESPONDENT. P7(a):- COPY OF THE CERTIFICATE DT. 14.2.1979 ISSUED BY SECRETARY , BOARD OF TECHNKICAL EXAMINATION TO THE WIFE OF THE PETITIONER FOR PASSING TYPEWRITING (MALAYALAM) HIGHER. P7(b):- COPY OF THE CERTIFICATE DT. 7.6.1976 ISSUED BY SECRTARY, BOARD OF TECHNICAL EXAMINATION TO THE WIFE OF THE PETITIONER FOR PASSING TYPEWRITING (ENGLISH HIGHER. P8(b):- COPY OF THE LETTER DT. 26.6.01 CAUSED TO THE SENDS BY THE 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 21258 of 2001-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2009. JUDGMENT The petitioner was an employee of the Taluk Supply Office, Paravoor in the category of Lower Division Clerk. He is represented by his wife in these proceedings. The averments in the original petition show that the petitioner had certain mental disorders and had been showing sign of insanity. Ext.P1 medical certificate supports the same. He was under treatment in various hospitals. By a show cause notice dated 17.8.2000 the 4th respondent, his superior officer sought explanation as to why he should not be suspended from service. That was replied by his wife as per Ext.P2. It was explained that the husband of the petitioner was not in his senses and is unable to understand the consequences of his actions. Therefore, further action proposed was sought to be dropped. Subsequently, it appeared that he absconded from the place itself, for which a complaint as evidenced by Ext.P3 was filed. By Ext.P5 memo, even though disciplinary action was proposed against him, by Ext.P6 again the matter was brought to the notice of the concerned authority by his wife further requesting to drop the action. 2. No counter affidavit has been filed by the respondents. Going by OP 21258/2001 2 the age shown in Ext.P1, the petitioner would have reached the age of superannuation by now. Even though the prayer in the original petition is to quash Ext.P5, as it does not appear that any action was taken pursuant to the same, the prayer to grant the said relief need not be gone into at this stage. All that is required is to direct the third respondent to consider the matter as requested for in Ext.P6 and take appropriate action in accordance with law. Appropriate action to release any benefits due to him shall be taken within a period of five months from the date of receipt of a copy of this judgment, and the matter should be communicated to the parties. The original petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 21258/2001 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 21258 of 2001-E - - - - -- - - - - - - - - - - - - - - - - - - - - JUDGMENT 21st day of January, 2009.