IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 28596 of 2008(D) -------------------------- PETITIONER(S): --------------- S.MOHANA KUMAR, AGED 45 YEARS, S/O SATHYANESAN, RESIDING AT KARAKKATTUVILA VEEDU, PERINGODU, PALLICHAL, NEMOM P.O., THIRUVANANTHAPURAM, (WORKING AS DRIVER IN THE OFFICE OF THE AST. ENGINEER, P.W.D. ELECTRONICS CITY SECTION,THIRUVANANTHAPURAM). BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANNTHAPURAM. 2. THE CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, PUBLIC OFICE, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, PWD ELECTRICAL DIVISION, THIRUVANANTHAPURAM. 4. THE ASSISTANT ENGINEER, PWD ELECTRONICS CITY SECTION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28596 of 2008(D) A P P E N D I X PETITIONER'S EXTS: EXT.P1 THE TRUE PHOTOCOPY OF THE CHARGE MEMO DATED 29/02/2008, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P2 TRUE PHOTOCOPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. EXT.P3 TRUE PHOTOCOPY OF THE ORDER DATED 12/03/2008, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONR. EXT.P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C). NO.11347/2008. EXT.P5 TRUE PHOTOCOPY OF THE ORDER DATED 04/04/2008, ISSUED BY THE ADMINISTRATIVE OFFICER IN THE OFFICE OF THE 2ND RESPONDENT. EXT.P6 TRUE PHOTOCOPY OF THE ORDER DATED 07/05/2008 ISSUED BY THE 2ND RESPONDENT. EXT.P7 TRUE PHOTOCOPY OF THE ORDER DATED 09/05/2008, ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P8 TRUE PHOTOCOPY OF THE ORDER DATED 04/06/2008, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9 TRUE PHOTOCOPY OF THE ORDER DATED 30/07/2008, ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, BUILDING SUB DIVISION, KALPETTA. EXT.P10 TRUE PHOTOCOPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. \\TRUE COPY// P.A TO JUDGE T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28596/2008-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of January, 2009 J U D G M E N T The petitioner is working as Driver in the Public Works Department under the fourth respondent. He was appointed on 12/01/1987 as Driver under the Dying-in-harness scheme. The main relief sought for in the writ petition is to quash Exts.P1 and P6 orders issued by the second respondent. There is a further prayer seeking for a direction to the respondents to disburse salary and other benefits due to the petitioner for the period which he had worked in the department with interest. 2. The learned counsel for the petitioner submitted that the facts noted in Ext.P6 order do not reflect the true and correct one and the findings rendered therein are contrary to the details noted in the attendance register. It is further pointed out that even the salary for the period for which he had actually worked have not been disbursed. 3. The respondents have filed a detailed counter affidavit. The respondents contend that on different spells he had been unauthorisedly W.P.(C) No.28596/2008 -:2:- absent and action had to be taken to regularise the same. It is pointed out that Ext.P6 order is passed pursuant to the disciplinary action taken against him. 4. Challenging Ext.P6 he has filed Ext.P10 before the Government which is reported to be pending. Considering the fact that various aspects concerning the issue are disputed it is appropriate that the Government takes a decision on Ext.P10 only after hearing the petitioner and after perusing the relevant materials. Therefore, there will be a direction to the first respondent to hear and dispose of Ext.P10 after affording an opportunity to the petitioner for personal hearing within a period of three months from the date of receipt of the copy of this judgment. 5. The petitioner has got a case that the arrears of salary that is due to him are being withheld without any reason. But a reading of the counter affidavit of the fourth respondent shows that even though the petitioner's pay and allowances for the period from 01/08/2008 to 31/10/2008 was claimed and encashed on 01/11/2008, he refused to receive the salary and, therefore, the salary is kept in the office of the Assistant Executive Engineer, Electronics City Sub Division, P.W.D, Thiruvananthapuram. It is upto the petitioner to collect the said amount. If W.P.(C) No.28596/2008 -:3:- any further amount is due as salary for any other period, it is upto the fourth respondent to take appropriate action in the matter in accordance with law, if he is working in the said office. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms