IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23407 of 2011(A) ---------------------------------- PETITIONER(S): -------------------- DR.K.C.HARIDAS,S/O.V.P.V.NEDUNGADI, AGED 53 YEARS,MANAGER(SCALE 4 WITH EMP NO.55093), M/S NATIONAL INSURANCE COMPANY LTD,KOCHI REGIONAL OFFICE,IST FLOOR,OMANA BUILDING,JEWS STREET,M.G. ROAD,KOCHI,PIN-682035,R/A."ANTHARA',VILLA NO.9, RELCON WIDTOWN VILLAS,THAMMANANAM,KOCHI-682032. BY ADVS. SRI.C.S.SUDHIRKUMAR SRI.C.V.MANUVILSAN RESPONDENT(S): --------------------- 1. THE UNION OF INDIA,REPRESENTED BY THE SECRETARY,THE UNION MINISTRY OF FINANCE, GOVERNMENT OF INDIA,NORTH BLOCK,NEW DELHI-110 001. 2. THE CHAIRMAN CUM MANAGING DIRECTOR, M/S NATIONAL INSURANCE COMPANY LIMITED,MIDDLE TON STREET,KOLKATA,WEST BENGAL,PIN-700071. 3. THE GENERAL MANAGER,M/S NATIONAL INSURANCE COMPANY LTD,MIDDLE TON STREET,KOLKATA, WEST BENGAL,PIN-700071. 4. THE CHIEF REGIONAL MANAGER,M/S NATIONAL INSURANCE COMPANY LTD,KOCHI REGIONAL OFFICE, 1 & 2ND FLOORS,OMANA BUILDINGS,JEWS STREET, M.G.ROAD,KOCHI,PIN-682035,KERALA. svs ............2/-.... ...2... WPC. NO.23407/2011 5. MR.P.C.SUBUDHI,THE REGIONAL MANAGER & THE INQUIRING AUTHORITY,M/S NATIONAL INSURANCE COMPANY LTD,KOCHI REGIONAL OFFICE,1 & 2ND FLOORS, OMANA BUILDINGS,JEWS STREET,M.G.ROAD,KOCHI, PIN-682035,KERALA. 6. MR.R.SUNDARAMAN,MANAGER & PRESENTING OFFICER,M/S NATIONAL INSURANCE COMPANY LTD, KOCHI REGIONAL OFFICE,1 & 2ND FLOORS, OMANA BUILDINGS,JEWS STREET,M.G.ROAD,KOCHI, PIN-682035,KERALA. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2 TO R6 BY ADV. SRI.P.K.MANOJKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.23407/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER DATED 18/06/1980, ISSUED BY THE MANAGING DIRECTOR OF THE GIC, APPOINTING THE PETITIONER AS AN ASSISTANT ADMINISTRATIVE OFFICER. P2: COPY OF THE CHARGE SHEET DATED 21/03/2007 ISSUED BY THE 3RD RESPONDENT GM. P3: COPY OF THE COMMUNICATION DATED 14/08/2007 INTIMATING THE APPOINTMENT OF THE IA AND THE PO. P4: THE REQUESTS OF THE PETITIONER DATED 08/10/2007 TO SUMMON HIS 13 DEFENCE WITNESSES AND TO SUPPLY HIM HIS 6 DEFENCE DOCUMENTS. P5: COPY OF THE ORDER DATED 12/10/2007 ISSUED BY THE 3RD RESPONDENT GM, CORRECTING THE CAPTION OF THE ANNEXURE IV.OF THE EXHIBIT P2 CHARGE SHEET. P6: COPY OF THE INQUIRY PROCEEDINGS SHEET OF THE 1ST SITTING OF THE INQUIRY HELD ON 07/01/2008. P7: COPY OF THE COMMUNICATION DATED 14/08/2008, ISSUED BY THE 5TH RESPONDENT IA, REGARDING THE SUMMONING OF THE 9 REQUESTED DEFENCE WITNESSES OF THE PETITIONER. P8: COPY OF THE INQUIRY PROCEEDINGS SHEETS DATED 07/01/2008, CONTAINING THE DEPOSITIONS OF THE MW 4, 5 & 9. P9: COPY OF THE INQUIRY PROCEEDINGS SHEETS DATED 08 & 09 SEPTEMBER, 2008, CONTAINING THE DEPOSITIONS OF THE 7 DEFENCE WITNESSES. P10: COPY OF THE COMMUNICATION DATED 30/01/2009 ALONG WITH THE TRUE COPY OF THE INQUIRY REPOORT AND THE SUPPLEMENTARY INQUIRY REPORT, SENT BY THE 3RD RESPONDENT GM. P11: COPY OF THE COMMUNICATION DATED 17/02/2009 REJECTING THE VR APPLICATION OF THE PETITIONER. P12: COPY OF THE REPRESENTATION OF THE PETITIONER DATED 27/02/2009 AGAINST THE INQUIRY REPORTS. P13: COPY OF THE MAJOR PENALTY OF REDUCTION OF BASIC PAY BY 4 STAGES IMPOSED ON THE PETITIONER ON 16/10/2009. P14: COPY OF THE APPEAL DATED 19/02/2010 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT CMD. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.23407 OF 2011 -------------------------------------------- Dated this the 5th day of September, 2011 JUDGMENT The petitioner is a Manager (Scale 4) in the National Insurance Company Ltd. As per Ext.P2, disciplinary proceedings were initiated against the petitioner and the same culminated in Ext.P13 order whereby he was imposed with the penalty of reduction of basic pay by four stages with immediate effect. Feeling aggrieved by the same, the petitioner has preferred Ext.P14 appeal in terms of the provisions under the General Insurance (Conduct, Discipline & Appeal) Rules 1975. Ext.P14 is now pending before the second respondent. 2. I have heard the learned counsel for the petitioner and also the learned standing counsel appearing for respondents 2 to 6. Since the petitioner has already availed appellate remedy by filing Ext.P14 and the same is pending before the second respondent, without making any observation as the merits of the contentions raised in this Writ Petition as also in Ext.P14, this Writ Petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P14 in accordance W.P.(C) NO.23407 of 2011 2 with law expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.23407 of 2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010