Disposed

J.Rao Jayachandran v. Travancore Devaswom Board

Kerala HC12 Aug 2009RP/593/2009

Case brief

AI extract

What is this about?

In this review petition regarding service punishment, the Court deleted its earlier observation that the petitioner's challenge failed because the punishment had already worked out. The Court clarified it did not consider the legality of the punishment imposition in the original adjudication, reserving that for future stages pending vigilance investigation.

What did the court decide?

Deletion of the observation in para 5 of the original judgment stating the punishment has worked out.

J.Rao Jayachandran Vs Travancore Devaswom Board — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 RP.No. 593 of 2009(V) --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.4600/2008 Dated 08/04/2009 ....................

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REVIEW PETITIONER(S): PETITIONER IN W.P.(C)

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J.RAO JAYACHANDRAN, SPECIAL GRADE SUB GROUP OFFICER, SASTHAMANGALAM SUB GROUP,OLLUR GROUP, TRAVANCORE DEVASWOM BOARD,PIN: 695 010.

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BY ADV. SMT.S.KARTHIKA

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RESPONDENT(S): RESPONDENTS

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TRAVANCORE DEVASWOM BOARD, REP.BY ITS SECRETARY, NANTHANCODE, KAVADIYAR PO, TRIVANDRUM, PIN;695 003.

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DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,NANTHANCODE, KAVADIYAR PO, TRIVANDRUM, PIN;695 003.

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SATHEESH KUMAR, DEVASWOM VIGILANCE OFFICER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAVADIYAR PO, TRIVANDRUM, PIN-695 003.

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KRISHNAN NAIR, ASST.DEVASWOM COMMISSIONER(RETIRED), T.C.NO.6/229, KANJIRAMPARA PO, TRIVANDRUM DIST.695 030.

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GOPINATHAN NAIR, ENQUIRY COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VJRA.C-11,V.J.LANE, SASTHAMANGALAM PO, TRIVANDRUM DIST.695 010.

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THE DIRECTOR, VIGILANCE AND ANTI-CORRUPTION BUREAU, TRIVANDRUM.

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R1 TO R5 BY SHRI NAGARAJ NARAYANAN R6 BY G.P. SHRI A.J. VARGHESE

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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T.R. Ramachandran Nair, J.

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- - - - - - - - - - - - - - - - - - - - - - - -

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R.P.No.593/2009 in W.P.(C) No. 4600 of 2008-V

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- - - - -- - - - - - - - - - - - - - - - - - - - -

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Dated this the 12th day of August, 2009.

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O R D E R

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The petitioner filed the writ petition challenging Ext.P12 whereby he

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was imposed with a punishment of reduction in rank as the juniormost in the cadre of Special Grade Sub Group Officer/Junior Superintendent as on the date of reinstatement in service and that his suspension period will be treated as eligible leave.

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The writ petition was disposed of in the light of the subsequent developments, whereby in the case of one of his juniors this court by Ext.P18 judgment, conferred certain benefits by way of promotion to the next available vacancy in the post of Asst. Commissioner, if the vigilance investigation is not completed within a specified period.

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Since the petitioner sought a similar relief, the writ petition was accordingly disposed of. In para 5 of the judgment, it was observed that in the light of the fact that the punishment has worked out itself, the challenge against Ext.P12 fails. In the review petition, this portion is sought to be deleted.

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RP 593/2009

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Heard learned Senior Counsel for the review petitioner and learned Standing Counsel for the Board. It is submitted that the vigilance investigation is still pending and if he is exonerated in the vigilance investigation, he may have to take various contentions in the matter and the observation by this court will be binding on him at future stages.

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In the light of the above, the crucial sentence in para 5 of the judgment as noted in para 3 above, is deleted. It is made clear that this court has not considered the legality or otherwise of the imposition of punishment as per Ext.P12 while disposing of the writ petition.

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The review petition is disposed of as above. No costs.

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(T.R. Ramachandran Nair, Judge.)

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kav/

J.Rao Jayachandran v. Travancore Devaswom Board

Case brief

What is this about?

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J.Rao Jayachandran v. Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

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