IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 2439 of 2008(M) ------------------------------------------ PETITIONER: -------------------- S.MUBASH,LOWER DIVISION CLERK, THRUVANVANDOOR GRAMA PANCHAYATH ALAPUZHA DISTRICT RESIDING AT PULATHARYIL KATTACHIRA, PALLICKAL PO,KAYAMKULAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF LOCAL SELF GOVERNMENT. 2. DIRECTOR OF PANCHAYATH, OFFICE OF THE DIRECTOR OF PANCHAYATH,THIRUVANANTHAPURAM ,KERALA. 3. DEPUTY DIRECTOR OF PANCHAYATH, ALAPPUZHA. 4. SECRETARY, THIRUVANVANDOOR GRAMA PANCHAYATH,ALAPPUZHA DIST. BY G.P. SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 2439 of 2008 -------------------------- Dated this the 21st January, 2008 J U D G M E N T Petitioner challenges Exhibit P6 order by which the 3rd respondent imposed a penalty of barring of one increment with cumulative effect for a period of six months. The order is appealable under the provisions of Kerala Civil Services (classification, control and appeal) Rules, 1960. Learned counsel for the petitioner Mr.George Varghese points out that the order is without jurisdiction on the premise that it was not preceded by an enquiry in terms of Rule 15 of Kerala Civil Services (classification, control and appeal) Rules. Prima facie, the contention is correct. Nevertheless since the order is appealable, I find that the petitioner has an efficacious remedy against the said order by way of an appeal before the Government. In the circumstances, after hearing the learned Government Pleader also, this writ petition is disposed of permitting the petitioner to challenge Exhibit P6 by way of an W.P ( C) No. 2439 of 2008 2 appeal before the 1st respondent. If such an appeal is filed, within six weeks from today, it shall be treated as within time. Thereafter, the 1st respondent shall after hearing the petitioner, pass orders on the said appeal, within a period of six months thereafter. In the facts and circumstances of case, operation and implementation of Exhibit P6 shall be kept in abeyance till the orders are passed by the 1st respondent on the appeal to be filed by the petitioner, in the manner aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No. 2439 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007