IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 OP.No. 31117 of 1999(D) ---------------------------------- PETITIONER: ------------------- G. SARATHCHANDRAN, ASST. EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION, GOVT. OF KERALA, NOW WORKING AS DEPUTY DIRECTOR, COSTAL ENGINEERING SUB DIVISION, KOLLAM. BY ADVS. SRI.B.KRISHNA MANI, SRI.V.PREMCHAND. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY, DEPARTMENT OF IRRIGATION, TRIVANDRUM. 3. THE CHIEF ENGINEER (ADMINISTRATION), DEPARTMENT OF IRRIGATION, GOVT. OF KERALA, TRIVANDRUM. 4. THE CHIEF ENGINEER, KALLADA IRRIGATION PROJECT, KALLADA, KOLLAM DIST., R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 31117/1999-D: ORDER ON C.M.P. NOS. 53000/1999 & 12940/2000 IN O.P. NO. 31117/1999 DISMISSED 24/05/2010. SD/- ANTONY DOMINIC, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. DB1/233/ DT. 01/02/1988 ISSUED BY THE SUPERINTENDING ENGINEER. EXT.P.2: COPY OF THE NOTICE DTD. 12/09/98 ISSUED BY THE CHIEF ENGINEER, KALLADA IRRIGATION PROJECT TO THE PETITIONER. EXT.P.3: COPY OF THE COMMUNICATION DTD. 10/10/1998 ADDRESSED BY THE PETITIONER TO THE R.4. EXT.P.4: COPY OF THE REPLY DTD. 24/10/98 SUBMITTED BY THE PETITIONER. EXT.P.5: COPY OF THE COMMUNICTION DTD. 21/01/1989 RECEIVED BY THE PETITIONER FROM THE CHIEF ENGINEER (GENERAL AND NATIONAL HIGHWAY) TVM. EXT.P.6: COPY OF THE REPLY DTD. 27/02/1989 GIVEN BY THE PETITIONER. EXT.P.7: COPY OF THE COMMUNICATION DTD. 06/10/1994 ENCLOSING THE STATEMENT OF ALLEGATIONS AND MEMO OF CHARGES. EXT.P.8: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD. 21/10/1994. EXT.P.9: COPY OF THE COMMUNICATION DTD 28/12/1995 ADDRESSED BY THE PETITIONER TO THE CHIEF ENGINEER. EXT.P.10: COPY OF THE ORDER PASSED BY THE R.3. DTD. 29-06-00/ 06/10/1999. EXT.P.11: COPY OF THE UNSTAMPED RECEIPT DTD. 05/05/1986. EXT.P.12: COPY OF THE UNSTAMPED RECEIPT DTD. 10/06/1986. EXT.P.13: COPY OF THE UNSTAMPED RECEIPT DTD. 06/08/1986. EXT.P.14: COPY OF THE COMMUNICATION DTD. 19/10/1994. EXT.P.15: COPY OF THE LETTER DTD. 27/02/1986 ISSUED BY THE CHIEF ENGINEER, KALLADA IRRIGATION PROJECT, KOTTARAKKARA. EXT.P.16: COPY OF THE COMMUNICATION DTD. 22/05/1987 ISSUED BY THE EXECUTIVE ENGINEER. EXT.P.17: COPY OF THE REPRESENTATION DTD. 16/12/1999 FILED BY THE PETITIONER BEFORE THE R.2. O.P. NO. 31117/1999-D: EXT.P.18: COPY OF THE CIRCULAR DTD. 03/06/1999. EXT.P.19: COPY OF THE COMMUNICATION ADDRESSED BY THE CHIEF ENGINEER DTD. 09/03/2000 TO THE SECRETARY TO GOVERNMENT. RESPONDENTS' EXHIBITS: EXT.R2.B: COPY OF THE ORDER DTD. 01/02/1988 OF THE SUPERINTENDING ENGINEER, KIPLB CIRCLE, KOTTARAKKARA. EXT.R2.B: COPY OF THE REQUISITION MADE BY THE EXECUTIVE ENGINEER DTD. 20/04/1989. EXT.R2.C: COPY OF THE GOVT. ORDER DT. 04/12/01. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- O.P NO. 31117 OF 1999 (D) -------------------------------------------------- Dated this the 24th day of May, 2010 J U D G M E N T In this writ petition the surviving grievance is against Ext.P10, the proceedings of the Chief Engineer dated 29.6.1999, fixing liability on the petitioner and another Assistant Executive Engineer and ordering to recover the same from their salary. 2. At the stage of admission, this court had stayed further proceedings for recovery pursuant to the impugned order. 3. Along with the additional counter affidavit, respondents have now produced GO(Rt).No.1294/2001/Irrn. dt.4.12.2001, where the Government have ordered withdrawal of the recovery proceedings against the petitioner and the other person and finalizing the disciplinary proceedings against them, by realizing monetary value equivalent to the bar of one increment without cumulative effect, from the DCRG admissible to them. With the issuance of Ext.R2(c), Ext.P10 order under challenge stands withdrawn. Therefore the grievance against Ext.P10 order stands redressed. In view of this recording Ext.R2(c), this writ petition is closed. (ANTONY DOMINIC) vi JUDGE :2 : ANTONY DOMINIC, J. ----------------------------------------- O.P NO. 31117 OF 1999 (D) ----------------------------------------- J U D G M E N T Dated: 24.5.2010