IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10843 of 2011(E) -------------------------- PETITIONER(S): --------------- A.MUBARAQ,RETIRED JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,(CONCURRENT AUDITOR), DISTRICT CO-OPERATIVE BANK LTD., IDUKKI. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.T.ISSAC RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT OF KERALA,CO-OPERATION (A) DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,THIRUVANANTHAPURAM 695 001. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 10843 of 2011 ================== Dated this the 5th day of April, 2011 J U D G M E N T The petitioner retired from Government service on 31.3.2010 while working as a Joint Registrar of Co-operative Societies. In 2007, disciplinary proceedings were initiated against the petitioner by issuing Ext.P1 memo of charges. He filed Ext.P2 reply and an enquiry officer was appointed to conduct an enquiry. The enquiry officer heard the petitioner on 29.4.2008. But, without conducting an enquiry, Ext.P4 show cause notice dated 17.8.2009, proposing the punishment of reversion to the lower post has been issued to the petitioner. The petitioner submitted Ext.P5 reply to the show cause notice. The petitioner submits that the entire proceedings are against Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules, insofar as reversion to a lower post is a major punishment, which cannot be imposed on the petitioner without complying with the procedure prescribed in Rule 15. The petitioner's further grievance is that the retirement benefits due to him have not been disbursed to the petitioner. The petitioner also submits that in view of his retirement from service, disciplinary proceedings cannot be continued. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this w.p.c.10843/11 2 writ petition with the following directions: The 1st respondent shall pass final orders in the disciplinary proceedings initiated by Ext.P1, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. While doing so, the 1st respondent shall consider the contention of the petitioner that insofar as the punishment of reversion to a lower post is a major punishment, the same cannot be imposed on the petitioner without complying with the procedure prescribed in Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules and that, in view of the retirement, no further proceedings can be continued in the disciplinary proceedings. The retirement benefits due to the petitioner shall be disbursed to the petitioner within one month thereafter. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge