IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 W.P(C).No. 26292 of 2008(E) -------------------------- PETITIONERS: ------------ 1. V.V.KURIAN, COOK, MODEL RESIDENTIAL SCHOOL, KEEZHMADU, ALUVA, ERNAKULAM DISTRICT. 2. A.K.SURENDRAN PILLAI, COOK, MODEL RESIDENTIAL SCHOOL, THIRUVALAMALA (THRISSUR DIST) THIRTHALA, PALAKKAD. BY ADV. SRI.BOBY MATHEW SRI.E.T.MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SCHEDULE CASTE DEVELOPMENT DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, SCHEDULE CASTE DEVELOPMENT DEPARTMENT, NIRMITHI KENDRA BUILDINGS, P.T.P.NAGAR, THIRUVANANTHAPURAM-38. 3. DISTRICT DEVELOPMENT OFFICER FOR SCHEDULE CASTE, MOOLAMATTOM, IDUKKI DISTRICT. 4. ASSISTANT DISTRICT DEVELOPMENT OFFICER FOR SCHEDULE CASTE, MOOLAMATTOM, IDUKKI DISTRICT. 5. BLOCK DEVELOPMENT OFFICER FOR SCHEDULE CASTE, AZHUTHA BLOCK PANCHAYAT, PEERUMEDU, IDUKKI DISTRICT. 6. HEADMISTRESS, MODEL RESIDENTIAL SCHOOL, KEEZHMADU, ALUVA, ERNAKULAM DISTRICT. W.P(C).No. 26292/2008 7. HEADMISTRESS, MODEL RESIDENTIAL SCHOOL, THIRUVALAMALA (THRISSUR DISTRICT) THIRTHALA, PALAKKAD. BY SMT. T.B. REMANI,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------ W.P(C). No. 26292 of 2008 ------------------------------ Dated this the 1st day of September, 2008 JUDGMENT The petitioners challenge Exhibit P12 and P12(a) orders issued by the disciplinary authority, namely the third respondent. By Exhibit P12, the punishment of barring one increment with cumulative effect for a period of one year was imposed on the first petitioner and by Exhibit P12(a), the punishment of barring one increment without cumulative effect for a period of one year was imposed on the second petitioner. 2. The learned counsel for the petitioners contend that Exhibit P12 order imposing a major penalty was passed without following the procedure prescribed under Rule 15 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. The learned counsel also contends that Exhibit P12(a) order imposing a minor penalty was passed without complying with Rule 16 of the said Rules. 3. The learned Government Pleader appearing for the respondents submits that the orders impugned in the Writ Petition are WP(C). No. 26292 / 2008 Page numbers appealable orders and that appeals lie there from under Rule 23 of Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. As the petitioners have an effective alternative remedy, wherein they can put forward all available contentions and assail findings of fact as well, I decline jurisdiction and dismiss the Writ Petition. I make it clear that the dismissal of this Writ Petition will not stand in the way of the petitioners from filing appeals under Rule 23 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, challenging Exhibits P12 and P12(a). Their contentions on the merits are left open. P.N. RAVINDRAN, JUDGE scm