IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Con.Case(C).No. 28 of 2010(S) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WP(C) NO.31556/2009 Dated 05/11/2009 .................... PETITIONER/PETITIONER IN WP(C): -------------------------------- THARAKUMARI, AGED 36 YEARS, W/O.ASOKA KUMAR, RESIDING AT KUZHIVILA MELE PUTHEN VEEDU, ERUVIKONAM, MULLUVILA P.O., THIRUVANANTHAPURAM-695 133. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS/RESPONDENT: ------------------------- MR.SALAHUDHEEN, THE CHAIRMAN, THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rkc ANTONY DOMINIC, J. --------------------------------------- CONT. CASE (C) NO. 28 OF 2010 --------------------------------------- Dated this the 19th day of January, 2010 J U D G M E N T By judgment dated 5th day of November, 2009 WP(C) No. 31556 of 2009, filed by the petitioner was disposed of directing the respondent to consider Exhibit P10 representation filed by petitioner with notice to her. Although according to the respondent, decision was taken by the chairman as directed and by Exhibit R1(d) letter, the decision was communicated by the Secretary to the petitioner, it is not in dispute that the decision was taken without notice to the petitioner. Therefore the order passed, which is conveyed to the petitioner by Exhibit R1(d), cannot be said to be in compliance with the directions in the judgment of this court. At this point, the learned Standing Counsel appearing for the respondent seeks an opportunity to pass a fresh order in compliance with the directions in the judgment. CONT. CASE (C) NO. 28/2010 2 Therefore , this contempt of court case is closed leaving it open to the respondent to pass fresh orders with notice to the petitioner. The petitioner is directed to appear in the office of the Secretary of the Commission at 11 a.m on 28.01.2010, and thereupon hearing shall be held either by the Secretary himself or by any other officer not below the rank of under Secretary authorised by the Secretary. However, final orders on the representation will be passed by the Chairman himself and the same shall be communicated by the Secretary to the petitioner. ANTONY DOMINIC, JUDGE