IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WA.No. 2056 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.23413/2009 .................... APPELLANT(S): PETITIONER ------------------------ A.M.KOUMARI, AGRICULTURAL ASSISTANT (UNDER SUSPENSION), AGRICULTURAL OFFICE, 'KRISHI BHAVAN', AYYANTHOLE, THRISSUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE PRINCIPAL AGRICULTURAL OFFICER, PRINCIPAL AGRICULTURAL OFFICER, THRISSUR. 2. THE ASSISTANT DIRECTOR OF AGRICULTURE, PUZHAKKAL, THRISSUR. 3. THE AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, 'KRISHI BHAVAN', AYYANTHOLE, THRISSUR. BY SENIOR GOVT. PLEADER SRI. BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2056 OF 2009 --------------------------------------------- Dated this the 1st day of October, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner. Aggrieved by the judgment dated 17.8.2009 in the Writ Petition, this appeal has been filed. The issue pertains to the disciplinary action initiated against the appellant/writ petitioner. The learned Single Judge relegated the petitioner to pursue the statutory remedy of appeal against the order of suspension. When the matter came up for admission before us on 17.9.2009, it was brought to our notice that the basis of the disciplinary action is the involvement of the petitioner in a proceedings under Section 138 of the Negotiable Instruments Act, 1881. In that view of the matter, we directed the respondents to reinstate the appellant. The learned senior Government Pleader, on instruction, submits that the petitioner has been reinstated in service with effect from 18.9.2009 in compliance with the orders passed by this Court. However, it is submitted that the appellant/petitioner has suppressed the fact that she was in custody for three days and she is liable to be proceeded against in accordance with the Kerala Government W.A. NO. 2056/2009 2 Servants' Conduct Rules, 1960. It is further submitted that this crucial aspect has been suppressed before the authorities. Be that as it may, now that the appellant has been reinstated in service and apparently her suspension is not warranted in connection with the disciplinary proceedings initiated as of now, we dispose of the Writ Appeal making it clear that the reinstatement of the appellant/petitioner shall not stand in the way of the respondents proceeding with the disciplinary proceedings, if any, initiated against her, in accordance with law. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2056/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A. NO.2056/2009 JUDGMENT 1st October, 2009 W.A. NO. 2056/2009 4