IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 26991 of 2009(T) -------------------------- PETITIONER(S): --------------- P.AJITHKUMAR,TALUK SUPPLY OFFICER, (MALAPPURAM WORKING AT SENIOR SUPERINTENDENT, DISTRICT SUPPLY OFFICE,MALAPPURAM). BY ADV. SRI.T.S.RADHAKRISHNA PILLAI RESPONDENT(S): --------------- 1. THE SECRETARY,TO THE GOVT.FOOD & CIVIL SUPPLIES & CONSUMER AFFAIRS, DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF CIVIL SUPPLIES, COMMISSIONERATE OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN,GANDHI NAGAR,ERNAKULAM. ADV. SMT.MOLLY JACOB,SC,SUPPLYCO FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).26991/2009 -------------------- Dated this the 25th day of September, 2009 JUDGMENT The disciplinary proceedings taken against the petitioner originally ended in Ext.P4 order which was challenged by the petitioner in appeal before the Government. Government had passed Ext.P1 order, the operative portion of which reads as follows:- The matter was again examined in detail in the light of the advice so tendered by the Kerala Public Service Commission. It is found on review that the disciplinary authority has clearly erred in not following the above procedure. The case is therefore remanded back to the disciplinary authority, Director of Civil Supplies, for finalising action again after furnishing the accused a copy of the Enquiry Report and intimating him of the proposed punishment and after affording him an opportunity to defend his case, so as to meet the ends of natural justice. W.P.(C).26991/09 2 2. Pursuant to the directions, Ext.P3 is passed by the 3rd respondent which according to the petitioner is only a reiteration of the earlier order that was set aside by the Government. Ext.P3 has now been challenged in appeal before the Commissioner of Civil Supplies, the 2nd respondent. This writ petition has been filed seeking appropriate directions in relation to Ext.P5. 3. I heard learned Government also. 2nd respondent shall consider and pass orders on Ext.P5, after hearing the petitioner, within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs