IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 16190 of 2010(W) -------------------------- PETITIONER(S): --------------- ABDUL RAHIMAN.K, S/O.KADIYAR PILLA RIYAZ MANZIL, VIP STREET ANGAMALY, PRESENTLY WORKING AS OFFICE ASSISTANT GRADE I EMP.NO.2085,MARKETING DEPARTMENT, TELK,ANGAMALLY. BY ADV. SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ RESPONDENT(S): --------------- 1. TRANSFORMERS & ELECTRICALS KERALA LTD REP BY MANAGING DIRECTOR, TELK LTD ANGAMALI SOUTH PO, ERNAKULAM. 2. DEPUTY GENERAL MANAGAER (MARKETING) TRANSFORMERS & ELECTRICALS KERALA LTD ANGAMALI SOUTH PO, ERNAKULAM. 3. ASSISTANT GENERAL MANAGER (TECHNICAL AND COMMERCIAL) TRANSFORMERS & ELECTRICALS KERALA LTD ANGAMALI SOUTH PO, ERNAKULAM. 4. SENIOR MANAGER (MARKETING) TRANSFORMERS & ELECTRICALS KERALA LTD ANGAMALI SOUTH PO, ERNAKULAM. ADV. SRI.SAJI VARGHESE FOR R1TOR4 SMT.MARIAM MATHAI FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.16190/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. PHOTOCOPY OF THE SUBMISSION MADE BY THE PETITIONER DATED 5.3.2009 EXT.P2. PHOTOCOPY OF THE SUBMISSION MADE BY THE PETITIONER ALONG WITH MEDICAL CERTIFICATE DATED 11.3.2009 EXT.P3. TRUE COPY OF THE DISCHARGE SUMMARY DATED 20-3-2009 EXT.P4. TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.3.2009 EXT.P5. TRUE COPY OF THE CHARGE SHEET. EXT.P6. TRUE COPY OF THE ENQUIRY REPORT. EXT.P7. TRUE COPY OF THE REPRESENTATION DATED 15.5.2010 EXT.P8. TRUE COPY OF THE INTERIM ORDER DATED 8.5.2009 IN W.P(C)1295/2009. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.16190 of 2010 ----------------------------------------- Dated this the 16th day of June, 2010 JUDGMENT This writ petition is filed challenging Ext.P7 enquiry report and the disciplinary action initiated against the petitioner. 2. When the writ petition came up for hearing today, Sri.T.P.Sajan, learned counsel for the petitioner, submitted that pursuant to Ext.P7 enquiry report the punishment of suspension from service for a period of ten days was awarded and after the period of ten days expired the petitioner was reinstated in service. It is submitted that the petitioner could not go to Delhi to collect C forms as a member of the Task Force due to reasons of health. The learned counsel also submitted that in view of the fact that punishment has been imposed and the employee has undergone the punishment this writ petition may be closed as infructuous leaving open the petitioner's right to challenge the order imposing punishment in other appropriate proceedings and to move the employer seeking exemption from travelling to Delhi on grounds of health. 3. The learned counsel for the employer submitted that if the petitioner makes an appropriate representation and is willing to appear W.P(C).No.16190 of 2010 -:2:- for examination before a Medical Board to be constituted by the employer, the employer will consider the same in accordance with the rules governing the field. 4. In the light of the aforesaid submissions I close this writ petition as infructuous with the observation that if for health reasons the petitioner is not in a position to travel to Delhi in future, it will be open to him to move an appropriate representation before the competent authority. The competent authority shall, in the event of such a representation being filed, cause the petitioner to be examined by a Medical Board to be constituted by the employer and take an appropriate decision in the matter. It is clarified that the petitioner shall be required to travel to Delhi only after he is examined by the Medical Board. I make it clear that I have not interfered with the punishment awarded to the petitioner and that it will be open to the petitioner to challenge the same in other appropriate proceedings. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.16190 of 2010 ---------------------------- JUDGMENT 16th June, 2010