IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 22330 of 1999(G) --------------------------------- PETITIONER: ------------------- C.VINCENT, AGASTHYA HOUSE, NEYYAR DAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.VINOD J.DEV RESPONDENTS: ----------------------- 1. STATE OF KERALA REP.BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE KERALA TOURISM DEVELOPMENT CORPORATION LTD., REP.BY THE MANAGING DIRECTOR, KERALA TOURISM DEVELOPMENT CORPORATION LTD., THIRUVANANTHAPURAM. 3. THE CHAIRMAN, KERALA TOURISM DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM. R2 & R3 BY ADV. SRI.B.GOPAKUMAR, SC, K.T.D.C. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.22330/1999 ORDER ON CMP. NO.36830/1999 IN OP. NO.22330/1999 DISMISSED 18.01.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PROCEEDINGS ISSUED BY THE MANAGING DIRECTOR DT.25.01.94. EXT.P2:- COPY OF THE SUSPENSION ORDER FROM 2ND RESPONDENT. DT. 6.2.96. EXT.P3:- COPY OF THE MEMO TO THE PETITIONER DT. 26.2.96. EXT.P4:- COPY OF THE PETITION GIVEN BY THE PETITIONER DT. 7.3.96. EXT.P5:- COPY OF THE MEMO OF CHARGES SERVED BY THE MANAGER HRD. DT. 29.5.96. EXT.P6:- COPY OF THE REINSTATEMENT ORDER BY THE 2ND RESPONDENT DT. 7.6.96. EXT.P7:- COPY OF THE PROCEEDINGS BY THE 2ND RESPONDENT DT. 2.7.96. EXT.P8:- COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DT. 20.2.99. EXT.P9:- COPY OF THE RECOVERY ORDER BY CHIOEF ACCOUNTS OFFICER DT.29.12.98. RESPONDENT'S EXHIBITS EXT.R1(a):- COPY OF THE LETTER NO.KTDC/PA/(1) /92/96 DT. 7.3.96 EXPLANATION EXTENTION LETTER. EXT.R1(b):- COPY OF THE RELEVANT EXTRACT OF THE ENQUIRY PROCEEDINGS DT.20.12.96. EXT.R1(c):- COPY OF THE MEMO DT. 27.8.98 ISSUED BY THE MANAGING DIRECTOR. EXT.R1(d):- COPY OF THE ORDER DT. 28.10.98 NO.KTDC/PA/(1)/92/98. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.22330 of 1999-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2008. JUDGMENT The petitioner is an employee under the service of the second respondent. It appears that there were disciplinary proceedings taken against him alleging misappropriation of funds and Ext.P2 is the order of suspension. Ext.P3 is the statement of allegations issued to him and thereafter, after considering his explanation, again a fresh memo of charges was issued as per Ext.P5. Meanwhile, the petitioner was reinstated in service by Ext.P6 and after conducting an enquiry in the matter, which according to the petitioner, was totally in violation of the principles of natural justice, recovery of an amount more than Rs.66,000/- was ordered. 2. The petitioner had filed Ext.P8 challenging the proceedings against him, before the third respondent. Learned counsel for the petitioner seeks a direction to the third respondent to consider and pass orders on Ext.P8. 3. Therefore, the original petition is disposed of directing the competent authority to hear and dispose of Ext.P8, within a period of four months from the date of receipt of a copy of this judgment, if it is still OP 22330/1999 -2- pending. If the petitioner seeks for a personal hearing, he will be afforded the same before the matter is disposed of. Till then, the interim order passed in C.M.P.No.36830/1999 will continue to be in force. (T.R. Ramachandran Nair, Judge.) kav/ OP 22330/1999 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.22330 of 1999-G - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 18th January, 2008.