David Y vs Greater Cochin Development ...
2021 Latest Caselaw 21103 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
 WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                     WP(C) NO. 22294 OF 2021
PETITIONER:

    1     DAVID Y.
          AGED 35 YEARS
          S/O YESUDASAN,
          ASSISTANT EXECUTIVE ENGINEER, (CIVIL) GREATER
          COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA P.O,
          ERNAKULAM-682020, RESIDING AT HOUSE NO.57/2314,
          AMALA BHAVAN ROAD,
          NEAR ST.JOSEPH AUDITORIUM, KADAVANTHRA P.O,
          ERNAKULAM-682020.

          BY ADVS.
          C.ANIL KUMAR
          A.K.PREETHA
          C.N.SREEKUMAR
          RESHMA R.KRISHNAN
RESPONDENTS:

    1     GREATER COCHIN DEVELOPMENT AUTHORITY
          OFFICE OF THE GCDA,
          KADAVANTHARA P.O,
          ERNAKULAM, PIN-682020,
          REPRESENTED BY ITS SECRETARY.

    2     THE CHAIRMAN
          GREATER COCHIN DEVELOPMENT AUTHORITY,
          KADAVANTHARA P.O,
          ERNAKULAM, PIN-682020

    3     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-682020.

          BY ADVS.
          SMT. PARVATHY KOTTOL, GP
 WP(C) NO. 22294 OF 2021
                                    2

             SRI.VIPIN P.VARGHESE, SC

      THIS    WRIT     PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     20.10.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 22294 OF 2021
                                       3




                            JUDGMENT

Dated this the 20th day of October, 2021

The petitioner is working as the Assistant

Executive Engineer under the first respondent GCDA.

He claims to be the senior most Assistant Executive

Engineer. Pursuant to a disciplinary proceeding

initiated against him, enquiry report was submitted

and the seniority position in the seniority list was

brought down. He was made the junior most

employee in the category. Challenging it, Ext.P11

appeal was filed before the second respondent, which

was pending consideration. The grievance of the

petitioner is that the above appeal has not been

disposed of, inspite of considerable delay.

2. Heard the learned Counsel for the petitioner

and the learned Standing Counsel for respondents 1

and 2, Sri. Vipin P. Varghese. I am inclined to dispose

of the Writ Petition at the threshold, by directing the

second respondent to take up, consider and dispose WP(C) NO. 22294 OF 2021

of Ext.P11 appeal, as expeditiously as possible, at any

rate, within a period of three months from the date of

receipt of a copy of this judgment, after granting a

reasonable opportunity of being heard to the

petitioner, either personally or online.

The Writ Petition is accordingly disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/20-10 WP(C) NO. 22294 OF 2021

APPENDIX OF WP(C) 22294/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 27/11/2020 IN WPC NO.23713 OF 2020.

EXHIBIT P2 TRUE COPY OF CHARGE SHEET DATED 18/12/2020 ISSUED TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF EXPLANATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT 31.12.2020

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 14.07.2021 ISSUED BY THE ENQUIRY OFFICER.

EXHIBIT P5 TRUE COPY OF APPLICATION DATED 22.07.2021 SUBMITTED BY THE PETITIONER TO THE ENQUIRY OFFICER.

EXHIBIT P6 TRUE COPY OF PETITION DATED 23.07.2021 SUBMITTED BY HE PETITIONER BEFORE THE ENQUIRY OFFICER TO CALL FOR DOCUMENTS FROM THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF PETITION DATED 23.07.2021 SUBMITTED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER REQUESTING TO PROVIDE THE COPIES OF THE DOCUMENTS AND STATEMENT OF THE 1ST RESPONDENT IN THE ENQUIRY.

EXHIBIT P9 TRUE COPY OF ENQUIRY REPORT DATED 24.07.2021 SUBMITTED BY THE ENQUIRY OFFICER.

EXHIBIT P8 TRUE COPY OF PETITION DATED 23.07.2021 SUBMITTED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER SEEKING TIME TO FILE STATEMENT.

EXHIBIT P9 TRUE COPY OF THE ENQUIRY REPORT DATED 24.07.2021 SUBMITTED BY THE ENQUIRY OFFICER.

WP(C) NO. 22294 OF 2021

EXHIBIT P10 TRUE COPY OF THE ORDER NO.5753/G-

3/2020.GCDA DATED 12.08.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE MEMORANDUM OF APPEAL SUBMITTED BY THE PETITIONER AGAINST THE ORDER IMPOSING PUNISHMENT.

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A.TO JUDGE