IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 11288 of 2006(R) -------------------------------- PETITIONER: --------------- A.R.BALACHANDRAN NAIR, AMBIKAVILASAM, VATTAKULAM.P.O, VAYALA, KOTTAYAM - 686 596, (OFFICER (PURCHASE)), TRACO CABLE COMPANY LIMITED, REGD. OFFICE, KSHB OFFICE COMPLEX, COCHIN-36. BY ADV. MR.P.RAMAKRISHNAN MR.A.JAYASANKAR MR.C.ANIL KUMAR RESPONDENTS: ------------------ 1. TRACO CABLE COMPANY LIMITED, REGISTERED OFFICE, KSHB OFFICE COMPLEX, 4TH FLOOR, PANAMPILLY NAGAR, COCHIN-682 036, REP. BY ITS MANAGING DIRECTOR. 2. CHAIRMAN, TRACO CABLE COMPANY LIMITED, OFFICE OF THE COMMISSIONER & SECRETARY INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. G.MOHANDAS, MANAGING DIRECTOR, TRACO CABLES COMPANY LIMITED, REGD. OFFICE, KSHB OFFICE COMPLEX, 4TH FLOOR, PANAMPILLY NAGAR, COCHIN-682 036. ADV. MR.N.D.PREMACHANDRAN FOR R3 MR.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R1 MR.E.K.NANDAKUMAR FOR R1 MR.A.K.JAYASANKAR NAMBIAR FOR R1 MR.ANIL D. NAIR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11288 of 2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF PROMOTION ORDER DTD 3.5.97 ISSUED BY R1 TO THE PETITIONER. EXT.P2: COPY OF ORDER DTD 12.12.97 ISSUED R1 TO THE PETITIONER. EXT.P3: COPY OF THE TRANSFER ORDER DTD 11.3.04 ISSUED BY R3 TO THE PETITIONER. EXT.P4: COPY OF THE MEDICAL CERTIFICATE DTD 4.6.04 SUBMITTED BY THE PETITIONER TO R1. EXT.P5; COPY OF THE MEDICAL REPORT ISSUED BY THE DISTRICT MEDICAL BOARD, DTD 26.6.2004. EXT.P6: COPY OF THE REPORT SUBMITTED BY THE PROFESSOR & H.O.D. OF ORTHOPEDICS, MEDICAL COLLEGE TRIVANDRUM, DATED 11.10.04 BEFORE THE D.H.S. EXT.P7: COPY OF THE REPORT DTD 20.1.05 OF THE STANDING MEDICAL BOARD. EXT.P8: COPY OF THE SCAN REPORT DTD 14.12.04. EXT.P9: COPY OF THE CHARGE MEMO DTD 31.3.05 ISSUED BY R3 TO THE PETITIONER. EXT.P10: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO R3 AGAINST THE ENQUIRY REPORT. EXT.P11: COPY OF THE SHOW CAUSE NOTICE DTD 24.3.06 ISSUED BY R3 TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.11288 OF 2006 ------------------------------- Dated this the 27th day of September, 2010 J U D G M E N T The petitioner has filed this writ petition challenging Ext.P11 show cause notice directing the petitioner to show cause why the findings in the enquiry pursuant to disciplinary proceedings should not be accepted. It is submitted before me that subsequently, accepting the findings, the petitioner has been dismissed from service and later reinstated in imposing on him a lesser punishment. It is also submitted that the petitioner has subsequently retired from service. It appears that the petitioner has filed a writ petition challenging the subsequent orders. In the above circumstances, this writ petition is closed without prejudice to the right of the petitioner to prosecute the subsequent writ petition so filed. S. SIRI JAGAN, JUDGE acd