IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29447 of 2011(E) -------------------------- PETITIONER: --------------- K.K.GOPINATHAN S/O.GOPALAN NAIR, AGED 54 YEARS A.E.O IRITTY, KANNUR DISTRICT. BY ADV. SRI.V.C.JAMES SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) RESPONDENT(S): ----------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF KERALA GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM 695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION KANNUR PIN 679 002. 4. THE DISTRICT EDUCATIONAL OFFICER THALASSERY, PIN 670 301. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.29447/11 PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE SUSPENSION ORDER NO.SS/10 DPI DT.3.7.2010 OF THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE NOTICE V4/48992/2010/DPI DT.5.8.2010 OF THE DPI. EXT.P3 TRUE COPY OF THE EXPLANATION SUBMITTED ON 17.8.2010. EXT.P4 TRUE COPY OF THE ORDER V4/48992/2010/DPI DT.27.9.2010. EXT.P5 TRUE COPY OF THE COMMUNICATION V4/48992/2010/DPI DT.5.3.2011 EXT.P6 TRUE COPY OF SHOW CAUSE NOTICE DT.5.3.2011. EXT.P7 TRUE COPY OF OBJECTION FILED BY THE PETITIONER. EXT.P8 TRUE COPY OF ORDER NO.V(4)48992/2010/DPI DT.22.7.2011 OF THE ADDITIONAL DPI. EXT.P9 TRUE COPY OF THE NEWS ITEM APPEARED IN THE MATHRUBHOOMI DAILY DT.2.7.10. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------ W.P.(C).No.29447 OF 2011 ------------------------------------ DATED THIS THE 4th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner's grievance is regarding the punishment imposed as per Exhibit P8 order. A penalty of barring of two increments with cumulative effect has been ordered against the petitioner. Various grounds have been raised in the Writ Petition to challenge the same. 2. The learned Government Pleader points out that the order is appealable before the Government in the light of Rule 24 of Kerala Civil Services (Classification, Control and Appeal) Rules. Therefore, if the petitioner files an appeal before the Government, the same will be disposed of in accordance with law. If the period for filing the appeal is already over, the petitioner can file appropriate application for condoning the delay and the appeal will be considered on merits. If such an appeal is filed before the Government within a period of two weeks from today along with a copy of this judgment, the same will be disposed of within a further period of five months. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn