IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 11105 of 2005(V) PETITIONER: K.V.VIJAYAN, AGED 50 YEARS, S/O. LATE VELAYUDHAN, EX.TELECOM MECHANIC, TELEPHONE EXCHANGE, CHANGANACHERRY P.O., RESIDING AT ASWATHI BHAVAN, SANTHIPURAM P.O., CHANGANACHERRY, KOTTAYAM DIST. BY ADV. SRI.P.C.SEBASTIAN RESPONDENTS: 1. THE CHIEF GENERAL MANAGER, TELECOM, BHARATH SANCHAR NIGAM LIMITED, KERALA CIRCLE, THIRUVANANTHAPURAM. 2. THE AREA MANAGER, TELECOM, BHARATH SANCHAR NIGAM LIMITED, CHANGANACHERRY. 3. THE DIVISIONAL ENGINEER, TELECOM, BHARATH SANCHAR NIGAM LIMITED, CHANGANACHERRY. 4. THE DIVISIONAL ENGINEER (DEPARTMENTAL ENQUIRIES) INQUIRING AUTHORITY, OFFICE OF THE CHIEF GENERAL MANAGER, TELECOM, KERALA CIRCLE, BSNL, THIRUVANANTHAPURAM. 5. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS & I.T., DAK BHAVAN, SANSAD MARG, N.DELHI. ADV. SRI.MATHEWS K.PHILIP, STANDING COUNSEL, BSNL- R1 TO 4 SRI.JOHN VARGHESE, ASST.SOLICITOR GENERAL-R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.11105 OF 2005 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of Memo No. Q.381/II/132 dated 26.10.87 issued by Asst.Engineer phones Cables Telephone Exchange Kanjikuzhy, Kottayam placing petitioner under suspension. Ext.P2: True copy of Memo No. Q.381/II/135 dated 19.01.1988 issued by Asst.Engineer phones Cables Telephone Exchange Kanjikuzhy, Kottayam, revoking petitioner's suspension. Ext.P3: True copy of order NO.27-1/KRI/Kottayam 1621/2002 dated 18.02.2002 issued by Director (Estt-Kerala) Department of Telecom. Ext.P4: True copy of the representation dated 15.01.2001 submitted by petitioner to 3rd respondent in reply to the Charge Memo. Ext.P5: True copy of Inquiry Report No.DE(DE)IR/99-02/13 dated 12.07.2001 issued by the 4th respondent. Ext.P6: True copy of Memo No.X-5/2001/02/5 dated 30.04.02 issued by the 3rd respondent imposing the punishment of removal on the petitioner. Ext.P7: True copy of the appeal dated 18.05.02 submitted by petitioner to the 2nd respondent. Ext.P8: True copy of Memo No.AN CHC/E6/02-03/5 dated 02.04.2003 issued by the 2nd respondent rejecting petitioner's appeal. Ext.P9: True copy of the revision petition dated 24.04.03 submitted by petitioner to the 1st respondent. Ext.P10: True copy of the judgment dated 03.02.04 of this Hon'ble Court in W.P.C.No.3794/04. Ext.P11: True copy of Order No.STA/p-176/2003 dated 25.03.04 issued by the 1st respondent to the petitioner. Ext.P12: True copy of letter No.15-7/2005 Vig. Dated 23.12.03 issued by the 5 th respondent. RESPONDENTS'S EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 11105 OF 2005 -------------------------------------------- Dated this the 7th day of September, 2009 O R D E R The petitioner was a Telecom Mechanic in the Department of Telecommunications. Disciplinary proceedings were initiated against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and a punishment of removal from service was imposed on him. The matter was unsuccessfully taken in appeal. Thereafter, the petitioner filed a revision against Ext.P8 appellate order. Later, pursuant to the judgment in W.P.(C) No.3794 of 2004, Ext.P11 order was passed on the revision petition filed by the petitioner. The petitioner challenges Exts.P6, P8 and P11 orders passed respectively by the disciplinary, appellate and revisional/authorities. 2. Subsequent to the filing of this Writ Petition, the jurisdiction to decide service related issues of employees of Bharath Sanchar Nigam Limited has been conferred to the Central Administrative Tribunals by virtue of a notification issued in that behalf. In view of the said subsequent development, this Court lacks jurisdiction to adjudicate the W.P.(C)NO.11105/2005 2 issues involved in this case at the first instance and the matter has to be transferred to the Central Administrative Tribunal for adjudication. Therefore, the Registry is directed to transfer this Writ Petition along with the records to the Central Administrative Tribunal, Ernakulam Bench forthwith. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ The last sentence in the order dated 07/09/2009 reading “The Writ Petition is disposed of as above” is deleted vide order dated 04/12/2009 in W.P.(C) 11105 /2005. Sd/- Registrar (Judicial) W.P.(C)NO.11105/2005 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 11105/2005 O R D E R 7th September, 2009 W.P.(C)NO.11105/2005 4