IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 1313 of 2011(L) ------------------------------------ PETITIONER: ------------------- A.G.SATHEESAN, S/O.A.GOPALAKRISHNAN, ARAKKAL HOUSE, VARANDARAPPILLY.P.O., THRISSUR DISTRICT-680 303. BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE, ADV. SRI.MILLU DANDAPANI. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110 001. 2. COMMANDANT-51 BATTALIAN, CENTRAL RESERVE POLICE FORCE, HALLO MAJARA, CHANDIGARH-160 002. 3. THE DEPUTY INSPECTOR GENERAL, CRPF (RANGE), PALLIPPURAM, TRIVANDRUM-695 316. R1 TO R3 BY SRI. P. PARAMESWARAN NAIR, ASST.S.G OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J --------------------------------------- WP(C) No.1313 of 2011 --------------------------------------- Dated this the 7th day of June, 2011 JUDGMENT Pursuant to disciplinary proceedings, the petitioner was imposed with the punishment of dismissal from service. The petitioner filed an appeal and obtained Ext. P1 judgment from this Court for consideration of that appeal, after hearing the petitioner. Pursuant there to Ext. P3 order has been passed confirming the punishment. The petitioner contends that before passing Ext. P3 order, the petitioner has not been afforded an opportunity of being heard as directed in Ext. P1 judgment. The petitioner therefore seeks the following reliefs:- “i) call for records leading to Exhibits P1 to P3 and issue a writ of certiorari or any other appropriate writ, order or direction, quashing the same as it is opposed to the principles of natural justice; ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent to give an opportunity of being heard to the petitioner , as directed by this Honourable Court as per Exhibit P1.” 2. The learned Assistant Solicitor General on instruction submits that there is nothing to indicate that the petitioner was afforded an opportunity of being heard before passing Ext. P3 order. When in Ext. P1 judgment, this court has directed disposal of the appeal after affording an opportunity of being heard to the WP(C) No. 1313 of 2011 -: 2 :- petitioner. The appellate authority ought to have afforded an opportunity of being heard to the petitioner. Ext. P3 is therefore is not in accordance with Ext. P1 judgment. Therefore Ext.P3 is quashed. Third respondent shall pass fresh orders on the appeal filed by the petitioner, after hearing the petitioner as expeditiously as possible at any rate within one month from the date of receipt of copy of this judgment. This writ petition is disposed of as above. S. SIRI JAGAN JUDGE. smvd