IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 32053 of 2011(F) -------------------------- PETITIONER: ------------------ JAYARAM PARAMESWARAN,SUB GROUP OFFICER, GRADE-II,RAMANKARY DEVASWOM,CHANGANASSERY GROUP, TRAVANCORE DEVASWOM BOARD, (PERUMPUZHETHU PUTHEN VEEDU,THRIPPERUNTHURA,CHENNITHALA,MAVELIKARA-5) BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ---------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM-695001. 2. DEVASWOM COMMISSIONER,TRAVANCORE DEVASWOM BOARD,THIRUVANANTHAPURAM-695001. 3. ASSISTANT DEVASWOM COMMISSIONER, CHANGANASSERY GROUP TRAVANCORE DEVASWOM BOARD, CHANGANASSERY-686101. 4. DIRECTOR,VIGILANCE AND ANTI CORRUPTION BUREAU,THIRUVANANTHAPURAM-695001. 5. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT, POOJAPPURA, THIRUVANANTHAPURAM, PIN-695001. R1 TO R3 BY SRI.G BIJU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK WP(C).No. 32053/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE RELAVANT EXTRACT OF THE ORDER DT:3-4-1005 ISSUED BY THE RESPONDENT APPOINTING THE PETITIONER AS L.D.CLERK/SUB GROUP OFFICER,GRADE-II. EXT.P2: A TRUE COPY OF THE ORDER DATED 25-4-1996 ISSUED BY THE 2ND RESPONDENT DIRECTING TO DECLARE THE PETITIONER'S PROBATION. EXT.P3: A TRUE COPY OF THE ADMISSION TICKET WITH REGISTER NUMBER 10644 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. EXT.P4: A TRUE COPY OF THE CERTIFICATE DATED 29-1-1996 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION FOR PASSING THE MOP TEST. EXT.P5: A TRUE RELEVANT EXTRACT OF THE RESULTS PUBLISHED BY THE PUBLIC SERVICE COMMISSION IN THE GAZETTE DATED 12-8-1997 EXT.P6: A TRUE COPY OF THE G.O.(P)3/96/0&ARD)DATED 9-1-1996. EXT.P7: A TRUE COPY OF THE CERTIFICATE DATED 15-9-2009 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION EXT.P8: A TRUE RELEVANT EXTRACT OF THE RESULTS OF THE DEVASWOM OFFICER TEST CONDUCETED IN NOVEMBER,1995 EXT.P9: A TRUE RELEVANT EXTRCT OF THE RESULT OF DEVASWOM OFFICERS TEST CONDUCTED IN NOVEMBER,1996. EXT.P10: A TRUE COPY OF THE ORDER DATED 10-02-1999 ISSUED BY THE IST RESPONDENT. EXT.P11: A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17-7-2000 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P12: A TRUE RELEVANT EXTRACT OF THE SERVICE BOOK OF THE PETITIONER. EXT.P13: A TRUE COPY OF THE ORDER DATED 16-12-2002. EXT.P14: ONE SUCH REPRESENTATION DATED 1-10-2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P15: A TRUE COPY OF THE LETTER DATED 16-8-2010. STK WP(C).No. 32053/2011 EXT.P16: A TRUE COPY OF THE LETTER DATED 13-10-2010 FORWARDED BY THE 4TH RESPONDENT TO THE IST RESPONDENT. EXT.P17: A TRUE COPY OF THE REPRESENTATION DATED 30-12-2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P18: A TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE HON'BLE COURT OF ENQUIRY COMMISSION AND SPECIAL JUDGE,THIRUVANANTHAPRUAM IN V.C.2/02/SIU. EXT.P19: A TRUE COPY OF THE REPRESENTATION DATED 7-11-2011 FORWARDED BY PETITIONER TO THE IST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P S TO JUDGE STK K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 32053 OF 2011 ----------------------------------------------------------- Dated this the 1st December, 2011. JUDGMENT The petitioner is a Lower Division Clerk/ Sub Group Officer Gr.II in the service of the first respondent. He had entered service on 6-4-1995 and within two years of such entry he had cleared all the obligatory departmental examinations. He had also cleared paper I and paper II of Account test (Higher). He was issued a certificate for passing the said tests. While so, on the allegation that he had submitted a bogus certificate stating that he had passed paper III of account test (Lower) without actually passing the same, disciplinary proceedings were initiated against him. A penalty of barring of two increments with cumulative effect was imposed on him. A complaint was submitted to the Vigilance and Anti Corruption Bureau also, on the basis of which the Vigilance and Anti Corruption Bureau Special Investigation Unit registered a crime V.C.2/2002 arraying the petitioner as first accused and the FIR was forwarded to the Court of Enquiry Commission and Special Judge, Thiruvananthapuram. Accordingly an investigation was conducted. As per the report of the investigation unit, it was found that there WPC 32053/2011 2 were no sufficient materials to continue the proceedings against the petitioner and therefore he was removed from the array of accused. According to the petitioner, the above proceedings consumed 15 long years and he suffered three different spells of suspension. He was denied his eligible promotions, he lost his seniority and he has been stagnating in his present post. According to the petitioner, in the light of the report of the investigation absolving him of all liability on the basis of the allegations made against him, he is entitled to be restored all the service benefits that he had lost. The petitioner has therefore submitted Ext.P19 representation which is pending before the first respondent. The petitioner seeks the issue of necessary directions for the consideration and disposal of Ext.P19. 2. Adv.Shri. G. Biju who appears for the Travancore Devaswom Board submits that Ext.P19 would be considered and appropriate orders would be passed thereon, without delay. 3. In view of the above, it is sufficient that this writ petition is disposed of directing the first respondent to consider the petitioner's grievances. 4. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioner set out WPC 32053/2011 3 in his representation evidenced herein by Ext.P19 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall also produce before the first respondent a copy of the report dated 29-12-2011 referred to in Ext.P18 along with a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 32053/2011 4