Kerala High Court
C.Babu vs State Of Kerala on 30 June, 2011
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 20TH DAY OF JULY 2012/29TH ASHADHA 1934
WP(C).No. 4018 of 2012 (B)
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PETITIONER:
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C.BABU, AGED 53 YEARS
AGED 53 YEARS, S/O.CHELLAPPAN.K,
KOLLOOR THOTTUVARAMBIL VEEDU, T.C.13/257,
KUNNUKUZHI (PO), THIRUVANANTHAPURAM.
BY ADVS.SRI.N.HARI KUMAR,
SRI.K.RAJESH KANNAN.
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
(FISHERIES DEPARTMENT), SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE MANAGING DIRECTOR,
MATSYAFED, KAMALESHWARAM, MANAKKADU P.O,
THIRUVANANTHAPURAM-695 009.
3. THE DIRECTOR,
FISHERIES, FISHERIES DIRECTOR OFFICE, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695 001.
R1 & R3 BY GOVERNMENT PLEADER,
R2 BY ADV. SRI.GEORGE POONTHOTTAM, S.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20-07-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C).NO.4018/2012-B:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1- TRUE COPY OF THE EXTRACT OF THE INFORMATION REGARDING
BIPOLAR DISORDER.
EXHIBIT P2- TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.S.PRABHA,
CONSULTANT IN PSYCHIATRY, MENTAL HEALTH CENTER,
THIRUVANANTHAPURAM DATED 30.6.2011.
EXHIBIT P3- TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY DR.S.PRABHA
DATED 3.11.2011.
EXHIBIT P4- TRUE COPY OF THE TREATMENT CERTIFICATE DATED 6.1.2011 TO SHOW
THAT THE PETITIONER WAS ADMITTED IN THE MENTAL HEALTH
CENTER, ON 26.10.2010 AND WAS DISCHARGED ON 6.1.2011.
EXHIBIT P5- TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25.1.2011 STATING
THAT 113 DAYS PERIOD OF ABSENCES WITH EFFECT FROM 2.12.09 TO
25.3.2010 IS ABSOLUTELY NECESSARY.
EXHIBIT P6- TRUE COPY OF THE LETTER FROM THE PETITIONER TO THE 2ND
RESPONDENT DATED 30.3.2010.
EXHIBIT P7- TRUE COPY OF THE MEMO OF CHARGES DATED 3.5.2010 ISSUED BY 2ND
RESPONDENT TO THE PETITIONER.
EXHIBIT P8- TRUE COPY OF THE ORDER DATED 22.9.2010 OF THE 2ND RESPONDENT.
EXHIBIT P9- TRUE COPY OF THE REPRESENTATION BY PETITIONER'S SON
MR.ARUN KUMAR TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
K.SURENDRA MOHAN,J.
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WP(C).No.4018 of 2012
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Dated this the 20th day of July, 2012
J U D G M E N T
The only prayer made before me by the learned counsel appearing for the petitioner, when this writ petition is taken up today is for the issue of a direction to the 2nd respondent to consider and finally dispose of Ext.P9 representation, that is pending before the concerned authority. According to the petitioner, he was employed as a Peon in the service of the 2nd respondent. Due to severe Bipolar disorder, the petitioner was not able to attend to his duties regularly. Subsequently, Ext.P7 memo of charges was issued to him. He could not respond to the memo of charges and therefore, by Ext.P8 the petitioner was terminated from service. Immediately thereafter, Ext.P9 representation has been submitted by the petitioner's son detailing the circumstances under which the petitioner had absented himself from duty. According to the petitioner, the 2nd respondent accepted W.P.(C)No.4012 /2012 : 2 : Ext.P9 treating the same as an appeal under Section 198 (4) of the Kerala Co-operative Societies Rules, 1969. However, he complains that no orders have been passed thereon till date.
2. I have heard Sri.George Poonthottam, who appears for the 2nd respondent also.
3. In view of the limited relief sought, I am satisfied that the 2nd respondent can be directed to be dispose of Ext.P9.
This writ petition is accordingly disposed of directing the 2nd respondent or the Administrator who is in charge of the duties of the 2nd respondent to consider Ext.P9 representation submitted by the petitioner, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE kkj //True copy// PA to Judge.