IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WA.No. 218 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34056/2008 Dated 19/11/2008 .................... APPELLANT(S): PETITIONER ------------------------ P.USHA, W/O.PREMDOSS SWAMI DOSS YEHUDI, INTEGRATED CHILD DEVELOPMENT SERVICE SUPERVISOR, RESIDING AT HARGERIZIM, VETTUVILA, KIZHAKKETHIL LANE, MANKUZHY, PANGAPPARA P.O.THIRUVANANTHAPURAM- 695581. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, GOVT.OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF SOCIAL WELFARE, DEPARTMENT OF SOCIAL WELFARE GOVERNMENT OF KERALA 5TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. SMT.MARY JOHN, CHILD DEVELOPMENT PROJECT OFFICER, I.C.D.S.,PATHANAPURAM, PATHANAPURAM P.O. 4. THE SECRETARY, SOCIAL WELFARE DEPARTMENT GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.218 of 2009 ---------------------------------------------- Dated 19th February, 2009. J U D G M E N T Kurian Joseph, J. Petitioner is the appellant. The writ petition was filed challenging Exts.P5 and P9 orders. The issue pertains to the disciplinary proceedings initiated against the petitioner. As per Ext.P5, the petitioner has been warned stating that in case the petitioner violates any of the service rules or in case there is any dereliction of duty on her part, stringent steps will be taken against her. The matter was pursued in appeal. The appellate authority was also of the view that it was not necessary to interfere with the warning. Learned Government Pleader, referring to the counter affidavit filed in O.P.No.3399/02 leading to Ext.P8 judgment, submits that no punishment under rule 11 of the Kerala Civil Services (Classification, Control and Appeal) Rules WA NO.218/09 2 was imposed on the petitioner and hence the petitioner need not have an apprehension that a punishment of censure has been imposed on her. Still further, it is submitted that there will not be any entry in the Service Book either, as far as Ext.P5 is concerned. It will be profitable in this context to extract the relevant portion of the counter affidavit in O.P.No.3399/02, which reads as follows :- “No punishment under rule 11 of the KCS (CC & A) Rules, 1960 was awarded to the petitioner. She was only 'warned' against her misbehaviour towards superior officers, and this by itself is no punishment as defined under K.C.S.(CC & A) rules, 1960. ...................The petitioner was only warned against the misbehaviour and not censured and the former is not a penalty mentioned under rule 11 of KCS (CC&A) rules. .............The petitioner is only confusing the warning given to her as 'Censure” which alone will be recorded in the Service Book of the incumbent.” In that view of the matter, we do not think that this court should go into the various other contentions advanced by the petitioner that there is violation of the service rules in conducting the enquiry, and that the whole proceedings initiated against the petitioner are in violation of the rules. Since the disciplinary authority/appointing authority has not imposed any punishment on the petitioner, observation to the contrary in the judgment WA NO.218/09 3 under appeal and the impugned Ext.P9 are set aside. The Writ Appeal is disposed of as above. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. No.218 of 2009 ---------------------------------------------- J U D G M E N T Dated 19th February, 2009.