IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 19520 of 2009(H) ---------------------------------------- PETITIONER(S): -------------------------- SUNDARESAN T.S.,S/O.THAMPI,AGED 59, NEERAJA BHAVAN,CHALAKUZHI,MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. MR.C.S.MANILAL RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT,RURAL DEVELOPMENT DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR RURAL DEVELOPMENT, COMMISSIONERATE OF RURAL DEVELOPMENT,TRIVANDRUM. R1 & R2 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.19520 of 2009-H ------------------------------ Dated this the 27th day of July, 2009. J U D G M E N T Heard Sri.C.S.Manilal, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is a pensioner. Disciplinary action was initiated against the petitioner while he was in service which culminated in Ext.P5 order dated 23.2.2004 whereby the Commissioner for Rural Development fixed the total sum of Rs.16,500/- as his liability and directed recovery of the said sum from him. The Commissioner for Rural Development also imposed on him the punishment of withholding of two increments without cumulative effect. Aggrieved by Ext.P5, the petitioner filed Ext.P6 appeal addressed to the Government within the period of limitation prescribed under Rule 25 of the Kerala Civil Services (Control, (Classification, Control and Appeal) Rules, 1960. Instead of forwarding the appeal to the Government, the Commissioner for Rural Development himself considered the appeal and passed Ext.P7 order dated 6.7.2006 reducing the liability fixed as per Ext.P5. Aggrieved thereby a review petition dated 15.9.2006 was filed before the Government. By Ext.P8 order dated 17.11.2008 the said review petition was dismissed. Hence W.P(C) No.19520 of 2009-H 2 this writ petition challenging Exts.P5, P7 and P8 orders. 3. The learned Government Pleader appearing for the respondents submits on instructions that Ext.P6 appeal was not forwarded to the Government and that it was disposed of by the original authority himself namely the Commissioner for Rural Development. He submits that thereafter Ext.P7 order was passed and it was unsuccessfully challenged by the petitioner before the Government in review. In my opinion, the procedure adopted by the Commissioner for Rural Development is illegal. As the disciplinary authority, the Commissioner for Rural Development could not have disposed of Ext.P6 appeal. He could have only withheld the appeal if the appeal was not filed in terms of the provisions contained in Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 or returned it for proper presentation. He however disposed of the appeal and passed a revised order, thereby depriving the petitioner of his right to challenge the order before the Government, the competent appellate authority. These aspects have not been taken note of by the Government when the Government passed Ext.P8 order. I am therefore of the considered opinion that Exts.P7 and P8 orders are liable to be set aside. I accordingly allow this writ petition, quash Exts.P7 and P8 and direct the Commissioner for Rural Development to forward the original of W.P(C) No.19520 of 2009-H 3 Ext.P6 appeal to the Government. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before him. The Government shall after the original of Ext.P6 appeal is received by them issue notice to the petitioner, hear him and pass orders thereon, giving reasons in support of their conclusions. Final orders in the matter shall be passed within four months from the date of which the original of Ext.P6 appeal is received by the Government. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab