IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 28095 of 2011(J) ------------------------------------ PETITIONER(S): ----------------------- DR. N.C. RAJAN, SUB TREASURY OFFICER, PUDUKKAD, THRISSUR DISTRICT. BY ADVS. SRI. KRB. KAIMAL, SENIOR ADVOCATE SRI. ANIL K. NAIR SRI. B. UNNIKRISHNA KAIMAL RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM - 695001. 2. THE JOINT DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM - 695001. 3. THE DISTRICT TREASURY OFFICER, THRISSUR - 680 001. 4. THE DISTRICT TREASURY OFFICER, IRINJALAKUDA - 680 121. 5. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM - 695 039. BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RK WPC.NO.28095 APPENDIX P1: COPY OF THE ORDER NO.VIG.1/1867/2009 DATED 21-03-2009 ISSUED BY THE 2ND RESPOONDENT. P2: COPY OF THE ORDER NO.VIG.1/1867/2009 DATED 7-9-2009 ISSUED BY THE SECOND RESPONDENT. P3: COPY OF THE JUDGEMENT DATED 18-8-2010 OF THIS HONOURABLE COURT IN WP(C)NO. 25050 OF 2010 (E). P4: COPY OF THE REPRESENTATION DATED 23-10-2010 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. P5: COPY OF THE MEMO OF CHARGES NO.VIG.1/1867/2009 DATED 14-2-2011 ISSUED BY THE 2ND RESPONDENT TOGETHER WITH THE STATEMENT OF ALLEGATIONS P6: COPY OF THE ORDER NO.EK.2/175/2011 DATED 25-2-2011 ISSUED BY THE 1ST RESPONDENT. P7: COPY OF THE REPORT OF TRANSFER OF CHARGE DATED 12-4-2011. P8: COPY OF THE REPRESENTATION DATED 1-5-2011 SUBMITTED BY THE PETITIONER TO RESPONDENTS 3 TO 5. P9: COPY OF THE REPRESENTATION DATED 10-8-2011 SUBMITTED BY THE PETITIONER TO RESPONDENTS 3 TO 5. P10: COPY OF THE INQUIRY REPORT DATED 28-7-2011 ISSUED TO THE PETITIONER BY THE INQUIRY OFFICER. P11: COPY OF THE RELEVENT PORTION OF THE ORDER NO.EK.2-1201/2010 DATED 13- 4-2010 ISSUED BY THE FIRST RESPONDENT. RK K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 28095 OF 2011 ----------------------------------------------------------- Dated this the 3rd December, 2011. JUDGMENT The petitioner is working as the Sub Treasury Officer, Pudukkad in Thrissur district. While working as Junior Superintendent, he was placed under suspension on 21-3-2009 and disciplinary proceedings were initiated against him. Subsequently, as per Ext.P2 dated 7-9-2009 he was reinstated in service but, the disciplinary proceedings continued. Since disciplinary proceedings were pending against him, the juniors of the petitioner were promoted as Sub Treasury Officers as per Ext.P11 order dated 13-4-2010. Subsequently, as per Ext.P6 the petitioner was promoted as Sub Treasury Officer provisionally. Accordingly, he took charge on 12-4-2011. 2. In the above circumstances, the domestic enquiry against the petitioner was completed and a report Ext.P10 dated 28-7-2011 has been submitted by the Enquiry Officer exonerating him of the charges against him. However, consequential orders have not yet been passed regularising the period of suspension of the petitioner. His salary as Sub Treasury Officer is also not paid to him for the WPC 28095/2011 2 above reason. Consequently, the petitioner has not been issued a pay slip entitling him to draw the salary of Sub Treasury Officer. 3. A statement has been filed by the first respondent. According to the first respondent, the petitioner was superseded by his juniors only because of the poor grading in his confidential report. Later on, he was promoted provisionally as Sub Treasury Officer. Since the disciplinary action initiated against the petitioner has not yet been finalised, it is contended that the first respondent is not in a position to regularise the suspension period. It is further submitted that the District Treasury Officer, Irinjalakkuda has already been directed to take necessary steps to regularise the petitioner's lien and to forward his service book for the issue of a pay slip. 4. Since even according to the first respondent, in the light of the enquiry report exonerating the petitioner of the charges against him, only formal orders regularising his period of suspension and finalising the disciplinary proceedings are to be issued, it is only just and necessary that the said formalities are completed as early as possible so as to enable the petitioner to receive the salary and other benefits of the higher post of Sub Treasury Officer. This writ petition can therefore be disposed of directing the first respondent WPC 28095/2011 3 to take necessary action and to complete all the remaining formalities for the above purpose. 5. This writ petition is accordingly disposed of directing the first respondent to complete the formalities for finalising the disciplinary proceedings against the petitioner, for regularising his suspension period and for issuing a pay slip to him so as to enable him to draw the salary of a Sub Treasury Officer. All the formalities as indicated above shall be completed by issuing necessary orders and the pay slip shall be issued to the petitioner as expeditiously as possible and at any rate before 31-12-2011. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 28095/2011 4