Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN TUESDAY,THE27H DAY OF MAY20146TH JYAISHTA, 1936 WP(C).No. 13296 of 2014 (J) ---------------------------- PETITIONER(S): -------------------------- V.KUMARAN, LEADING SENIOR ASSISTANT OFFICER VI, CODE NO. 1493, INSPECTION AND QUALITY CONTROL DEPARTMENT, COCHIN SHIPYAD, KOCHI -15. BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ---------------------------- 1. COCHIN SHIPYARD REPRESENTED BY THE MANAGING DIRECTOR, KOCHI -15.
2. CHAIRMAN AND MANAGING DIRECTOR, COCHIN SHIPYARD, KOCHI -15. BY ADV.SRI.SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2705-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13296 of 2014 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE MEMO DATED2111/1998. EXHIBIT-P2- TRUE COPY OF THE ORDER
DATED0101/1999 ISSUED BY THE APPELLATE AUTHORITY. EXHIBIT-P3- TRUE COPY OF THE ORDER
DATED2804/2003 ISSUED BY THE2D RESPONDENT TO THE FEDERATION OF CENTRAL GOVERNMENT SC/ST EMPLOYEES, COCHIN SHIPYARD UNIT. EXHIBIT-P4- TRUE COPY OF THE JUDGMENT
DATED0611/2007 IN W.P(C) 23103/2003. EXHIBIT-P5- TRUE COPY OF THE ORDER
DATED NIL ISSUED BY THE2D RESPONDENT. EXHIBIT-P6- TRUE COPY OF THE REPRESENTATION DATED0205/2014 FILED BY THE PETITIONER BEFORE THE2D RESPONDENT. EXHIBIT-P7- TRUE COPY OF THE NOTICE DATED1505/2014 ISSUED BY THE OFFICE OF THE2D RESPONDENT. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE VPV P.N.RAVINDRAN, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)No.13296 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of May, 2014 JUDGMENT
The petitioner is an employee of the Cochin Shipyard. Disciplinary action was initiated against him which culminated in Ext.P1 memo dated 21.11.1998 issued by the Deputy General Manager (Hull). By that memo, the punishment of demotion to the post of Senior Attender Gr.III was awarded to the petitioner. The petitioner, who was then working as Attender Gr.IV carried the matter in appeal before the appellate authority, who by Ext.P2 order passed on 1.1.1999 dismissed the appeal. A further appeal to the Chairman and Managing Director was also rejected as can be seen from Ext.P3 letter dated 28.4.2003. The petitioner thereupon moved this Court by filing W.P.(C)No.23103 of 2003. The said writ petition was allowed on the short ground that the petitioner was not afforded an opportunity of being heard on the question of punishment. This Court also directed the respondents to reconsider the matter. The respondents accordingly reconsidered the matter and thereafter issued Ext.P5 order whereby, the punishment of W.P.(C)No.13296 of 2014 2 stoppage of increments for four years with cumulative effect (as on 21.11.1998 - the date of order imposing the punishment of demotion to the lower post) was passed. The said order was passed after the petitioner was heard on 14.1.2008. The petitioner did not challenge Ext.P5 in time. With the result, it attained finality and the punishment awarded was implemented.
2. After the punishment took effect, the petitioner moved the Chairman and Managing Director of Cochin Shipyard by submitting Ext.P6 representation dated 2.5.2014 wherein he prayed that the order imposing punishment may be reviewed. Upon receipt of the said representation, Ext.P7 notice dated 15.5.2014 was issued informing the petitioner that the Chairman and Managing Director of Cochin Shipyard will hear him in person at 11.30 am on 19.5.2014. The petitioner was also permitted to engage the General Secretary of the Employees' Union to accompany him. In the instant writ petition, which was presented on 26.5.2013, the petitioner prays for an order directing the Chairman and Managing Director of Cochin Shipyard to pass orders on Ext.P6 representation within a time limit to be fixed by this Court.
3. When the writ petition came up for admission hearing W.P.(C)No.13296 of 2014 3 today, Sri.Saji Varghese, learned standing counsel appearing for the Cochin Shipyard submitted that the Chairman and Managing Director had pursuant to Ext.P7 notice heard the petitioner in person on 19.5.2014 and that all that remains to be done is to pass a formal order on the petitioner's representation. The learned standing counsel submitted that the Chairman and Managing Director will pass appropriate orders on the petitioner's application at the earliest. In the light of the said submission, I dispose of the writ petition with a direction to the second respondent to pass appropriate orders on Ext.P6 representation, expeditiously and in any event within an outer limit of one month from the date of receipt of a copy of this judgment and to communicate it to the petitioner. Sd/- P.N.RAVINDRAN JUDGE vpv