Disposed

M.N.Harikumar v. State of Kerala

Kerala HC15 Dec 2010WP(C)/32653/2010

Case brief

AI extract

What is this about?

Petitioner, a suspended Head Clerk, filed a writ petition for reinstatement and quashing of service records. The court disposed of the petition noting the petitioner had already been reinstated subject to disciplinary proceedings by a prior order.

What did the court decide?

Petitioner reinstated subject to disciplinary proceedings; posting orders to be issued within one week; disciplinary proceedings to be completed within six months.

M.N.Harikumar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2010)

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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 S.SIRI JAGAN

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WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932

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WP(C).No. 32653 of 2010(F)

PETITIONER(S):

M.N.HARIKUMAR, HEAD CLERK

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(UNDER SUSPENSION) MANAKKAD GRAMA PANCHAYATH RESIDING AT MADAPPALLIL HOUSE, MANAKKAD PO THODUPUZHA, IDUKKI DISTRICT PIN 685 584.

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BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN

SMT.DHANYA CHANDRAN

RESPONDENT(S):

STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

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THE DIRECTOR OF PANCHAYATS THIRUVANANTHAPURAM PIN 695 001.

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THE DEPUTY DIRECTOR OF PANCHAYATH OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT IDUKKI POIN 685 003.

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GOVT. PLEADER SRI. ANTONY MUKKATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S. Siri Jagan, J.

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W.P(C) No. 32653 of 2010

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Dated this, the 15^th day of December, 2010.

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J U D G M E N T

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The petitioner is a Head Clerk in the Kerala Panchayat Subordinate Service. He has been suspended from service and Ext. P2 memo of charges was issued to him. The petitioner has filed this writ petition seeking the following reliefs:

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“i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P 1 and quash the same or in the alternative direct the 1^st respondent to consider Ext. P 4 ad reinstate the petitioner in service after reviewing Ext. P 1;

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ii) direct the 2^nd respondent to finalize the disciplinary proceedings pursuant to Ext. P2 without any further delay;

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iii) direct the 2^nd respondent to review Ext. P1 and reinstate the petitioner i service without prejudice to the disciplinary action as recommended in the enquiry report submitted by the 3^rd respondent on 1.10.2010.”

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Today, it is submitted before me that the petitioner has been reinstated in service subject to disciplinary proceedings by order dated 13.12.2010, directing posting of the petitioner outside the district. Accordingly, this writ petition is disposed of with the following directions:

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Appropriate posting orders shall be issued to the petitioner within one week from the date of receipt of a copy of this judgment. Disciplinary proceedings initiated against the petitioner shall be taken up and completed as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment.

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Sd/- S. Siri Jagan, Judge.

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Tds/

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[True copy]

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P.S to Judge.

M.N.Harikumar v. State of Kerala

Case brief

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M.N.Harikumar v. State of Kerala

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