IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 OP.No. 3399 of 2002(D) --------------------------------- PETITIONER: ------------------- P.USHA, W/O. PREDOSS SWAMI DOSS YEHUDI, INTEGRATED CHILD DEVELOPMENT SERVICE SUPERVISOR, RESIDING AT HARGERIZIM, VETTU VILA, KIZHAKKETHIL LANE, MANKUZHY, PANGAPPARA P.O., THIRUVANANTHAPURAM - 695 581. BY ADV. SRI.R.S.KALKURA. RESPONDENTS: ------------------------ 1. KERALA STATE, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, GOVT. OF KERALA, TRIVANDRUM. 2. DIRECTOR OF SOCIAL WELFARE, DEPARTMENT OF SOCIAL WELFARE OF THE GOVERNMENT OF KERALA, VIKAS BHAVAN,5TH FLOOR,THIRUVANANTHAPURAM. 3. SMT. MARY JOHN, CHILD DEVELOPMENT PROJECT OFFICER, I.C.D.S., PATHANAPURAM, PATHANAPURAM P.O. 4. THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO.6099/2002 IN O.P. NO. 3399/2002-D DISMISSED 15/02/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE MARRIAGE CERTIFICATE BETWEEN THE PETITIONER AND HER HUSBAND PREMADOSS SWAMI DOSS YEHUDI. EXT.P.2: COPY OF THE CHARGE MEMO BEARING NO. 173/2000 DTD. 10/04/2000. EXT.P.3: COPY OF THE EXPLANATION TENDERED BY THE PETITIONER DTD. 04/05/2001 TO THE CHARGE MEMO. EXT.P.4: COPY OF THE NOTICE DTD. 15/07/2000 FOR DOMESTIC ENQUIRY PROCEEDINGS. EXT.P.5: COPY OF THE ORDER DTD. 22/09/2000 ISSUED BY THE DISCIPLINARY AUTHORITY TO THE PETITIONER. EXT.P.6: COPY OF THE MEMORANDUM OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY. EXT.P.7: COPY OF THE ORDER DTD. 02/11/2001 ISSUED BY THE APPELLATE AUTHORITY. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.3399 of 2002-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2008. JUDGMENT The petitioner has filed this original petition aggrieved by the disciplinary proceedings which culminated in Ext.P5 order which has been confirmed in appeal by Ext.P7 order. Ext.P7 is attacked on various grounds. 2. The petitioner has got a grievance that before the appeal was disposed of, no opportunity for a hearing was given by the first respondent. The first respondent has filed a counter affidavit. The averment in the counter affidavit is to the effect that the petitioner has been given only a warning which is not a punishment under Rule 11 of KCS & CCA Rules, 1960. Learned counsel for the petitioner submitted that even if the stand taken in the counter affidavit is correct, but still it may have adverse impact on her career. 3. Since the petitioner had raised various grounds in Ext.P6 appeal which is a statutory appeal, before disposing of the same, the first respondent should have offered a personal hearing in the matter. Further, a reading of Ext.P7 will show that no worthwhile reasons have been mentioned for sustaining the action. It is only recorded that the Government OP 3399/2002-D -2- does not find any reason to review the order passed by the disciplinary authority. A quasi judicial authority is expected to pass reasoned orders, especially in a matter like this where the disciplinary action has been challenged in a statutory appeal. For all these reasons, I quash Ext.P7. The first respondent will dispose of Ext.P6 after affording an opportunity to the petitioner for a hearing, as expeditiously as possible. The original petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/ OP 3399/2002-D -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.3399 of 2002-D - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 15th February, 2008.