IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 17402 of 2006(V) ----------------------------------------- PETITIONER(S): ------------------------- G.KAMALASANAN NAIR, JUNIOR SUPERINTENDENT, PERFORMANCE AUDIT UNIT III, ADIMALI P.O., IDUKKI DISTRICT. BY ADVS. MR.P.K.VIJAYAMOHANAN, SMT.RESMI G. NAIR. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, VIGILANCE (D) DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYATS, TRIVANDRUM. R1 & R2 BY GOVERNMENT PLEADER MR. V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17402/2006 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEMO OF CHARGES ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DTD. 20/12/1991. P2: COPY OF THE EXPLANATION DTD. 20/03/1992 OF THE PETITIONER. P3: COPY OF THE ENQUIRY REPORT OF THE VIGILANCE TRIBUNAL IN ENQUIRY CASE NO.4 OF 1993 DTD. 20/03/97. P4: COPY OF THE SHOW CAUSE NOTICE NO.4939/D3/97/VIG. DTD.9/09/1997 OF THE 1ST RESPONDENT. P5: COPY OF THE EXPLANATION DTD. 6/11/1997 SUBMITTED BY THE PETITIONER TO THE SHOW CAUSE NOTICE. P6: COPY OF THE ORDER NO.G.O.(MS) NO.52/99/VIG. DTD. 11/06/1999 OF THE 1ST RESPONDENT ADDRESSED TO THE DIRECTOR OF PANCHAYATS. P7: COPY OF THE JUDGMENT DTD. 3/3/2006 IN O.P.NO.16094/1999. P8: COPY OF THE REPRESENTATION DTD. 15/03/2006 OF THE PETITIONER. P9: COPY OF THE NOTICE FOR THE PERSONAL HEARING DTD.31/03/2006 ISSUED TO THE PETITONER. P10: COPY OF THE ORDER G.O.(MS) NO.33/2006/VIG. DTD. 20/06/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.17402 OF 2006 (V) -------------------------------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T Based on Ext.P3 report of the Vigilance Tribunal, by Ext.P6 order, punishment of compulsory retirement was imposed on the Petitioner. That was challenged before this court in O.P.No.16094/99. According to the petitioner while admitting that writ petition, this court passed an interim order directing the respondents to allow the petitioner to continue in service. According to the petitioner, though he was entitled to have been reinstated in service on 30.6.1999, he was reinstated only on 15.9.2009. 2. The original petition was finally disposed of by Ext.P7 judgment, interfering with Ext.P6 order of compulsory retirement and directing reconsideration of the matter. It was further directed that the Government will consider the question of regularizing the break in service of the petitioner during the period from 30.6.1999 to 15.9.1999. In pursuance to Ext.P7 judgment referred to above, Government passed Ext.P10 order reverting the petitioner to a lower post for a period of 2 years. In that order also it was stated that orders on the question of regularization of break of service of the WPC.No. 17402/06 :2 : petitioner for the period from 30.6.1999 to 15.9.1999 will be issued separately. 3. In this writ petition although challenge is against Ext.P10, the petitioner having undergone reversion as ordered in Ext.P10 and is due to retire on 31st March, 2010, all that he seeks is a direction to the Government to pass orders on the question of regularization of his service for the period from 30.6.1999 to 15.9.1999. 4. Having regard to the directions of this court in Ext.P7 judgment referred to above and P10 order passed by the Government, I am satisfied that the petitioner is justified in asking for the said relief. Therefore, the writ petition is disposed of directing the first respondent to pass orders on the question of regularization of the break of service of the petitioner for the period from 30.6.1999 to 15.9.1999. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 17402/06 :3 :