IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12285 of 2008(K) -------------------------- PETITIONER: ------------ K.I. RAHIM, S/O.K.P. IBRAHIM AGED 44 YEARS, KUZHIMANDAPATHIL HOUSE IDUKKI ROAD, THODUPUZHA, THODUPUZHA P.O. IDUKKI DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF HOME AFFAIRS GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE (PRISONS), PRISONS' HEADQUARTERS, POOJAPPURA THIRUVANANTHAPURAM. 3. THE VIGILANCE TRIBUNAL, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 4. THE CHIEF ENGINEER, P.W.D. (ADMN.) THIRUVANANTHAPURAM. 5. THE EXECUTIVE ENGINEER, P.W.D. DISTRICT PANCHAYAT DIVISION, IDUKKI, PAINAVU. 6. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPT. OF VIGILANCE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 12285 of 2008 (K) ======================= Dated this the 9th day of April, 2008 JUDGMENT The petitioner is aggrieved by the delay on the part of the 1st respondent in passing orders on his petition challenging disciplinary action, despite the matter having already been heard. The petitioner's submission is that by Ext.P10, the matter was posted for hearing on 17.8.2004 and the petitioner appeared for the hearing. However, the petitioner is not served with any orders till date. In view of the abnormally long delay in passing orders, the petitioner submits that even if an order is passed now, that would be in violation of principles of natural justice because more than four years have elapsed and the very same person who heard the matter may not be holding the particular post. The learned Government Pleader seeks time to get instructions. However, I do not think it is necessary to postpone the matter to get instructions, in the nature of the order I propose to pass. If no orders pursuant to the hearing W.P.(C) No. 12285/2008/K -2- referred to in Ext.P10 has been passed so far, the 1st respondent shall conduct a fresh hearing and pass an order within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Petitioner shall produce a certified copy of this judgment alongwith a copy of the writ petition before the 1st respondent for compliance. S.SIRI JAGAN, JUDGE jp