IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 22ND NOVEMBER 2007 / 1ST AGRAHAYANA 1929 OP.No. 9360 of 1998(L) ---------------------------- PETITIONER: ---------------- V.K.HARIDASAN, UNDER SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-4. BY ADV. SRI.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENTS: ------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION REP.BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM – 4. 2. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM -4. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.9360/1998 ORDER ON CMP. NMO.15932/1998 IN OP. NO.9360/1998 DISMISSED 22.11.2007 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE MEMO OF CHARGES WITH STATEMENT OF ALLEGATIONS DT. 11.11.96. EXT.P2:- COPY OF THE EXPLANATION BY THE PETITIONER DT. 11.12.96. E.XT.P3:- COPY OF THE NOTICE DT. 5.8.97. EXT.P4:- COPY OF THE NOTICE DT. 5.8.97. EXT.P4:- COPY OF THE ORDER NO.SSI(1)151/96 DT. 6.11.97. EXT.P5:- COPY OF THE APPEAL PETITION DT. 5.1.98. EXT.P6:- COPY OF THE ORDER NO.SSI(1) 151/96 DT. 2.3.98. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- O.P.NO.9360 OF 1998 ---------------------------------------------- Dated 22nd November, 2007. J U D G M E N T Aggrieved by Ext.P4 order of punishment, the petitioner submitted Ext.P5 appeal before the first respondent. The appeal was disposed of as per Ext.P6. There is absolutely no reference to the various contentions taken by the petitioner, in the appellate order. What is stated is only thus : “The Appellate authority have examined the appeal in detail. But they found no fresh grounds in the appeal petition for consideration. The Appellate Authority, therefore, reject his appeal petition.” This court is not in a position to make out what was the consideration by the appellate authority. Once an incumbent pursues a statutory remedy, the authority is bound to consider the contentions and pass an order, particularly in matters pertaining to disciplinary action. There is no counter affidavit. I quash Ext.P6 with a direction to the appellate authority to consider Ext.P5 appeal afresh with notice to the petitioner and pass orders in the light of the observations contained in the judgment, OP NO.9360/98 2 within three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P.NO.9360 OF 1998 ---------------------------------------------- J U D G M E N T Dated 22nd November, 2007.