IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH DAY OF DECEMBER 2011/25TH AGRAHAYANA 1933 WPC.No. 29697 of 2011 (J) ------------------------- PETITIONER: ----------- A.MUHAMMED ASHRAF, S/O. ERAMULLAM K., SECRETARY, (UNDER SUSPENSION), NARATH GRAMA PANCHAYATH, NARATH P.O., KANNUR DISTRICT RESIDING AT ALANKANDY HOUSE, AZHEEKODE SOUTH P.O. KANNUR-670 009. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT THIRUVANANTHAPURAM-695 001. 2. JOINT SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3. DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM-695 001. BY SENIOR GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WPC.No. 29697 of 2011 (J) ------------------------ APPENDIX -------- PETITINER'S EXHBITS ------------------- EXT.P1 : TRUE COPY OF THE G.O.(EXT.)NO.1084/2011 DTD.27.4.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : TRUE COPY OF THE CHARGE MEMO NO.14821/EPB3/2011/LSGD DTD.10.5.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF THE REPRESENTATION DTD.29.7.11 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE G.O.(RT)NO.2330/2007/LSGD DTD.24.8.07 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL ------------------------ / TRUE COPY / P.A. TO JUDGE VK K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.29697 of 2011 --------------------------------------------- Dated this the 16th day of December 2011 JUDGMENT The petitioner, while working as the Secretary of Narath Grama Panchayat, Kannur District, was placed under suspension. The petitioner has filed this writ petition complaining of delay in finalisation of the disciplinary proceedings against him. He has also prayed for revocation of the suspension. 2. A charge memo was served on the petitioner on 10.5.2011 and he was suspended from service on 27.4.2011. Though he has submitted a representation dated 29.7.2011 praying for cancellation of his suspension, he complains that no orders have been passed thereon, till date. 3. A counter affidavit has been filed on behalf of the first respondent. According to the first respondent, the petitioner has already submitted his statement of defence to the charge memo issued to him. The Government, WPC No.29697 of 2011 2 after evaluating the entire facts and circumstances of the case, has taken a tentative decision to impose a minor penalty on him of withholding his increment for one year without cumulative effect. For the purpose, a show cause notice has been issued to him directing him to show cause why such a punishment should not be imposed on him. Therefore, it is submitted that the disciplinary action initiated against the petitioner is nearing completion. A decision would be taken on the disciplinary action initiated against the petitioner as well as on the question regarding his reinstatement in service immediately on receipt of the petitioner's reply to the show cause notice. 4. In view of the above submissions in the counter affidavit filed, it is not necessary to issue any further orders directing completion of the proceedings expeditiously. It is sufficient that the petitioner is directed to submit his reply within a stipulated time and to complete the further proceedings expeditiously. 5. In the above circumstances, this writ petition is disposed of directing the petitioner to submit his reply to WPC No.29697 of 2011 3 the show cause notice within a period of 15 days from today and further directing the second respondent to initiate necessary action in the matter, in accordance with law and to complete the proceedings against the petitioner as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of the petitioner's reply. Sd/- K.SURENDRA MOHAN, JUDGE true copy css/ P.A.TO JUDGE WPC No.29697 of 2011 4 K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.29697 of 2011 --------------------------------------------- Dated this the 12th day of December 2011 ORDER A counter affidavit has been filed on behalf of the first respondent stating that a decision has been taken to impose a minor punishment on the petitioner. A notice directing the petitioner to show cause why such punishment should not be imposed on him is also stated to have been issued to the petitioner, but the date of such notice is not mentioned in the counter affidavit. The counsel for the petitioner submits that the petitioner has not received any such show cause notice. He, therefore, disputes the assertion in the counter affidavit that a show cause notice has been issued to him. The Government Pleader seeks time to get further instructions regarding the details of the show cause notice issued. Post on 14.12.2011. WPC No.29697 of 2011 5 K.SURENDRA MOHAN, JUDGE css/