IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 35808 of 2003(K) -------------------------- PETITIONER: ------------ A.BALASUBRAMANYAM NAIR, S/O.P.KRISHNAN NAIR, AGED 55, STORE CLERK UNDER SUSPENSION, SRI,MANAPPULLY BHAGAVATHYD EVASWOM, EAST YAKKARA, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- THE EXECUTIVE OFFICER, SRI.MANAPPULLY BHAGAVATHY DEVASWOM, EAST YAKKARA, PALAKKAD DISTRICT. BY ADV. SRI.U.K.RAMAKRISHNAN SRI.P.V.LOHITHAKSHAN SRI.V.KRISHNA MENON SMT.P.VIJAYAMMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER ISSUED BY THE COMMISSIONER (HR & CE) EXT.P2 TRUE COPY OF THE COMAPLAINT DATED 12.4.2000 SUBMITTED BY THE EMPLOYEES OF THE TEMPLE BEFORE THE COMMISSIONER. EXT.P3 TRUE COPY OF THE ORDER OF SUSPENSION. EXT.P4 TRUE COPY OF THE PETITION DATED 4.6.2000 SUBMITTED BY THE EMPLOYEE ON SUSPENSION BEFORE THE COMMISSIONER. EXT.P5 TRUE COPY OF THE EXPLANATION DATED 31.10.2000 SUBMITTED BY THE PETITIONER. EXT.P6 TRUE COPY OF THE COMMUNICATION DATED 11.1.2001 SENT BY THE RESPONDENT TO THE PETITIONER. EXT.P7 TRUE COPY OF THE APPLICATION DATED 16.1.2001 SUBMITTED BY THE PETITIONER. EXT.P8 TRUE COPY OF THE APPLICATION DATED 19.6.2002 \ EXT.P9 TRUE COPY OF THE APPLICATION DATED 3.2.2003 SUBMITTED BY THE PETITIONER. EXT.P10 TRUE COPY OF THE APPLICATION DATED 31.3.2003 SUBMITTED B Y THE PETITIONER BEFORE ENQUIRY OFFICER. EXT.P11 TRUE COPY OF THE ENQUIRY REPORT DATED 17.7.2003 EXT.P12 TRUE COPY OF THE EXPLANATION ON 30.7.2003 SUBMITTED BY THE PETITIONER. EXT.P13 TRUE COPY OF THE ORDER OF TERMINATION NO. E-3/2000 DATED 23.8.2003 TERMINATED THE PETITIONER FROM SERVICES OF THE DEVASWOM. EXT.P14 TRUE COPY OF THE LETTER DATED 30.8.2003 ISSUED BY THE COMMISSIONER (HR & CE), KOZHIKODE. EXT.P15 TRUE COPY OF THE ORDER OF THE DEPUTY COMMISSIONER (HR & CE) DATED 4.8.2003 IN I.A.NO. 36 OF 2003 IN AP NO. 8 OF 2003 RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE ORDER NO.E.3/2000 DATED 22.8.2003 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.R1(b) TRUE COPY OF THE SCHEME OF ADMINISTRATION FRAMED UNDER SECTION 58 (1) OF H.R. & C.E. ACT PUBLISHED IN THE PALAKKAD DISTRICT, GAZETTE DATED 25.10.1983. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 35808 OF 200 -------------------------------------------- Dated this the 10th day of March, 2008 JUDGMENT C.N. Ramachandran Nair,J. Petitioner was charged for various irregularties committed by him while in service. On enquiry petitioner was found guilty and consequently he was removed from service by the Executive Officer. Appeal was also rejected by the Commissioner for the reason that first appeal has to be filed before the Board of Trustees. In fact it is seen from the Commissioner's order that petitioner was given freedom to file such an appeal. We therefore close this W.P.C. leaving freedom to the petitioner to file first appeal before the Board of trustees if the petitioner wants to challenge the order. Since W.P.C. was pending for over five years, we grant two months' time to the petitioner to file first appeal from today and if any such appeal is filed the Board of Trustees will dispose of the same treating it as one filed in time. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2