IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WA.No. 1908 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27390/2007 Dated 07/01/2008 .................... APPELLANT/PETITIONER: -------------- ROY WILFRED, JUNIOR HEALTH INSPECTOR GRADE -II, PRIMARY HEALTH CENTRE, PAZHAMPALACODE, PALAKKAD DISTRICT. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON SRI.T.R.RAJESH RESPONDENTS/RESPONDENTS: --------------- 1.STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2.THE DIRECTOR OF HEALTH SERVICE (P & H), DIRECTORATE OF HEALTH NURSES, TRIVANDRUM. 3.THE ADDITIONAL DIRECTOR OF HEALTH SERVICES, P & H, DIRECTORATE OF HEALTH SERVICES, TRIVANDRUM. 4.SMT.P.K.JAMEELA, SUPERINTENDENT,DISTRICT HOSPITAL, PALAKKAD. 5.THE DISTRICT MEDICAL OFFICER (HEALTH), DISTRICT MEDICAL OFFICE, PALAKKAD. BY GOVT.PLEADER SRI.SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.1908 OF 2008 () ----------------------------------- Dated this the 23rd day of September, 2008 J U D G M E N T KOSHY,J. Appellant/Petitioner was working as Junior Health Inspector Grade II in Kizhakkencherry Primary Health Centre and during his probation period, he was suspended pending enquiry. A preliminary enquiry was conducted and report was filed which is produced as Ext.P10. In the preliminary enquiry report, it was recommended that by taking a lenient view he may be reinstated in service pending disciplinary action. So the recommendation was only to reinstate the employee in service. Thereafter, no disciplinary proceedings were taken against him. Finally, it was decided to lift suspension and regularise the period of suspension as eligible leave. Ext.P7 notes prepared is for the purpose of regularisation of the service for the period under suspension and not for dropping the disciplinary proceedings. After discussions, it was decided to treat the period under suspension as eligible leave WA.1908/08 2 and the suspension period will be regularised as duty for all purposes, except of pay and allowances already drawn and that file was closed. Thereafter, by Ext.P2, memo of charges was issued in 2007 which resulted in a minor punishment of 'censure' by Ext.P4. The order of censure has no affect on promotion and his probation was also declared. Appellant challenges the issue of charges (Ext.P2) and order of censure amounts to double jeopardy as disciplinary action was closed. A perusal of Ext.P10 shows that Government has considered the matter and decided to reinstate in service pending disciplinary action and treat the period of suspension as eligible leave and it decided to continue the proceedings. But some delay is occurred especially because of filing various writ petitions in the matter. Even though memo of charges was issued, only censure was issued which has of no serious effect on the appellant. Since it is only a minor punishment, no detailed enquiry is necessary. The learned Single Judge correctly found that no interference is required but found that if the petitioner is aggrieved by Ext.P4 order, he can file a departmental appeal. The learned Single Judge also directed that the appellant's probation may be declared without further WA.1908/08 3 delay if it is not already declared. We see no ground to interfere with the punishment of 'censure' imposed in a proceedings under Article 226 of the Constitution of India. We fully agree with the reasonings of the learned Single Judge. Hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 23rd September, 2008