IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 18509 of 2009(G) --------------------------------------- PETITIONER: ------------------- P.N.SASIDHARAN, PLOT NO.50, SOUPARNIKA, PRIYADARSHINI NAGAR, PARAVATTANI, THRISSUR-5. BY ADV. MR.B.MANIMOHAN. RESPONDENTS: ------------------------ 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. R1 & R2 BY MR.A.JAYASANKAR, SC, KSHB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18509/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MEMO OF CHARGES VIDE LETTER NO.17446/AD3(A)/02/VIG. DTD. 07/02/2003 OF THE R.2. SECRETARY. EXT.P.2: COPY OF THE DEFENCE STATEMENT DTD 28/03/2003 OF THE PETITIONER TO THE R.2. EXT.P.3: COPY OF THE SHOW CAUSE NOTICE DTD. 26/02/2007 OF THE R.2. TO THE PETITIONER. EXT.P.4: COPY OF THE REGISTERED POSTAL COVER. EXT.P.5: COPY OF THE SUBMISSION DTD. 12/03/2007 OF THE PETITIONER TO THE R.2. EXT.P.6: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD. EXT.P.7: COPY OF THE SHOW CAUSE NOTICE NO. 17446/AD. 3(A)/02/VIG. DTD. 26/02/2007 ISSUED TO SRI. C.R. HARIDASAN. EXT.P.8: COPY OF THE ORDER NO. AA1/PENSION/2007 DTD. 14/06/2007 OF CHIEF ACCOUNTS OFFICER OF THE BOARD ISSUED IN FAVOUR OF SRI. C.R. HARIDAS. EXT.P.9: COPY OF THE ORDER NO. HBO/338/AD II(A) 6098/06 DTD. 14/10/2008 ISSUED BY THE R.2. EXT.P.10: COPY OF THE ORDER NO. HBO NO.90/09/CW/17446/AD 3(A)/2002/VIG.(VII) DTD. 06/04/2009 OF THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO. 18509 OF 2009 ............................................ DATED THIS THE 14TH DAY OF JANUARY, 2010 JUDGMENT The petitioner is a retired Executive Engineer from the Thrissur Division of the first respondent, KSHB. When he was an Executive Engineer at Palakkad Division office, he was issued a memo of charges dated 7.2.2003 alleging that he had failed to submit revised estimate rates for approval as per the PWD manual, in respect of one of the schemes that was being implemented. Thereby, it was alleged that he had caused financial loss to the Board. The complaint of the petitioner is that after more than four years of his submitting his defence statement and long after his retirement, the disciplinary proceedings were continued. Finally, as per Ext.P10 dated 6.4.2009, a penalty of Censure was imposed on him under Rule 11 of the Kerala Civil Service (Classification, Control and Appeal) Rules, 1960. The said proceedings are under challenge in this writ petition. 2. The issue raised is squarely covered by the dictum of this court in Xavier V. KSEB(1979 KLT 80), wherein it has been held that Wpc 18509/09 2 imposition of punishment on an employee after his retirement and after ceasing of the master-servant relationship is unsustainable and unfounded. In view of the above decision, Ext.P10 is unsustainable and the same is accordingly quashed. The writ petition is accordingly allowed. No costs. K.SURENDRA MOHAN, JUDGE lgk