IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 OP.No. 31628 of 2001(M) ----------------------- PETITIONER: -------------- K.S. HARIHARAN NAIR, SALES TAX INSPECTOR, SALES TAX CHECK POST, MEKKUNNU, KANNUR DISTRICT. BY ADV. SRI.V.P.SUKUMAR RESPONDENTS: ----------------- 1. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM. 2. THE JOINT COMMISSIONER-I, OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 4. THE SECRETARY TO GOVERNMENT, TAXES (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI.SHIBU JOSEPH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 31628 of 2001(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE MEMO OF CHARGES DATED 22.05.1998 RECEIVED BY THE PETITIONER FROM THE FIRST RESPONDENT. EXT.P2 : TRUE COPY OF THE STATEMENT OF ALLEGATION DATED 29.05.1998 RECEIVED BY THE PETITIONER ALONG WITH EXHIBIT.P1 MEMO OF CHARGES. EXT.P3 : TRUE COPY OF THE REPLY DATED 22.07.1998 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P4 : TRUE COPY OF THE ORDER DATED 01.08.1998 PASSED BY THE FIRST RESPONDENT. EXT.P5 : TRUE COPY OF THE APPEAL DATED 01.09.1998 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P6 : TRUE COPY OF THE ORDER DATED 08.06.1999 PASSED BY THE THIRD RESPONDENT. EXT.P7 : TRUE COPY OF THE APPEAL DATED 16.08.1999 SUBMITTED BY THE PETITONER BEFORE THE 4TH RESPONDENT. EXT.P8 : TRUE COPY OF THE ARGUMENT NOTE DATED 18.10.2000 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P9 : TRUE COPY OF THE ORDER DATED 07.12.2000 PASSED BY THE 4TH RESPONDENT. EXT.P10 : TRUE COPY OF THE MEMO DATED 18.02.2000 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER AND ANOTHER. EXT.P11 : TRUE COPY OF THE REPLY DATED 22.03.2000 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P12 : TRUE COPY OF THE MEMO OF CHARGE DATED 19.09.2000 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/ PA TO JUDGE P.R.RAMACHANDRA MENON,J - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 31628 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October, 2011 JUDGMENT The petitioner while working as a Sales Tax Inspector was proceeded against some serious misconducts, by issuing memo of charges as borne by Exts.P1, P12 and P17 which are subjected to challenge in this writ petition on many a ground. 2. During the course of hearing it is brought to the notice of this Court by the learned counsel for the petitioner that the disciplinary proceedings were finalised by the appropriate authority, more so, since no interim order of stay was there. Since the said order was against the petitioner, a statutory appeal was preferred before the appellate authority, but no interference was made by the appellate authority and the appeal stands rejected. In the above circumstance, this Court finds that the present Original Petition seeking to set aside the memo of charges has virtually become infructuous. The same is dismissed accordingly. P.R.RAMACHANDRA MENON, JUDGE ttb