IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 3985 of 2008(Y) --------------------------------------- PETITIONER: ------------------- G.JAYAKUMAR, ACCOUNTS OFFICER (UNDER SUSPENSION), TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. BY ADV. SRI.MOHAN C.MENON RESPONDENTS: ------------------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, HEAD QUARTERS, THIRUVANANTHAPURAM. 2. SRI.C.K.GUPTHAN, PRESIDENT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. SRI.P.NARAYANAN, MEMBER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 4. SMT.P.K.SUMATHYKUTTY AMMA, MEMBER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 5. THE OMBUDSMAN, TRAVANCORE DEVASWOM BOARD, RAM MOHAN PALACE, ERNAKULAM. R1 BY ADV. SRI.NAGARAJ NARAYANAN, SC, TDB R2 BYADV. SRI. M.K.DAMODARAN (Sr.) SRI.P.K.VIJAYAMOHAN R3 BY ADV.SRI.P.RAVINDRAN (Sr.) SRI.ANIL SIVARAMAN R4 BY ADV.SRI.GOVINDH K.BHARATHAN SRI.C.P.KUNHIKANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3985/2008 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NOTE DTD. 24/01/2008 ISSUED BY 2 MEMBERS. EXT.P2: COPY OF CIRCULAR DTD. 24/01/2008 ISSUED BY 2ND RESPONDENT PRESIDENT OF THE T.D.B. EXT.P3: COPY OF COMMUNICATION DTD. 25/01/2008 ADDRESSED TO THE 1ST RESPONDENT. EXT.P4: COPY OF SUSPENSION ORDER DTD. 31/01/2008 ISSUED TO THE PETITIONER. EXT.P5: COPY OF REPRESENTATION DTD.1/02/08 SUBMITTED BY THE PETITIONER BEFORE THE OMBUDSMAN, T.D.B. EXT.P6: COPY OF COMMUNICATION OF THE ACCOUNTS OFFICER TO THE FINANCE AND ACCOUNTS OFFICER OF THE BOARD WHO IS IN FULL ASSESSMENT OF THE AUDIT ASPECT OF THE BOARD DTD. 12/02/2008. EXT.P7: COPY OF THE ORDER DTD. 4/03/2008 ISSUED BY THE 2ND RESPONDENT. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF RULES REGARDING SERVICE CONDITIONS OF DEVASWOM EMPLOYEES AND APPOINTMENT OF SCALE AND CATEGORY DTD. 14/07/1979 PUBLISHED IN THE KERALA GAZETTE NO.31 (PART IV) DTD. 25/12/1979. EXT.R1(B): COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DTD.21/07/2007. EXT.R1(C): COPY OF THE RELEVANT PROVISIONS OF ORGANIZATION OF BOARD'S OFFICE AS PER DEVASWOM MANUAL. EXT.R1(D): COPY OF BYELAWS FOR REGULATING THE CONDUCT OF BUSINESS AT MEETINGS OF THE BOARD. Kss ..2/- ...2... WPC.NO.3985/2008 Y 2ND RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF THE BOARD ORDER ROC NO.2739/93/EST DTD. 5/07/1993 OF THE TRAVANCORE DEVASWOM BOARD. 3RD RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE BOARD PROCEEDINGS NO.ROC 10000/07 DTD. 21/07/2007. EXT.R3(B): COPY OF THE BYE-LAWS FOR REGULATING THE CONDUCT OF BUSINESS OF MEETINGS OF THE DEVASWOM BOARD DTD. 26/05/1953 PUBLISHED IN GAZETTE NO.21. /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 3985 OF 2008 ---------------------------------------------------------------- Dated this the 11th day of March, 2008 JUDGMENT Kurian Joseph, J. The challenge in the Writ Petition is against Ext.P4 order dated 31.1.2008 passed by the President of Travancore Devaswom board. The order is challenged mainly on the ground of competence. Learned counsel appearing for the first and second respondents have made available a copy of the proceedings dated 11.3.2008 virtually recalling the impugned order and admitting the petitioner to duty in the same post of Accounts Officer. Now that the person who passed the order has recalled the order and has admitted the petitioner to duty in the same post of Accounts Officer, we do not find it necessary to go into the various contentions in the Writ Petition. Those contentions are left open. The Writ Petition is closed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ KURAIN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C).NO.3985/2008 JUDGMENT 11TH MARCH, 2008