C.P.Padmanabhan v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936 WP(C).No.27208 of 2013 (A) --------------------------------------- PETITIONER:

------------------- C.P.PADMANABHAN,AGED 54 YEARS,S/O.RAMUNNI KURUP, CONSTABLE/RAILWAY PROTECTION FORCE/SR 8301694, PASSENGER SECURITY AND TRAIN ESCORT,PALAKKAD, PERMANENTLY RESIDING AT 'SREE PADMAM',KUTTOTH, KEEZHAL POST,VIA.VADAGARA,CALICUT DISTRICT.

BY ADVS.SRI.T.C.GOVINDA SWAMY SRI.K.B.S.RAJAN SMT.KALA T.GOPI SMT.T.N.SREEKALA RESPONDENTS:

------------------------ 1.

UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,HEADQUARTERS OFFICE, PARK TOWN P.O.,CHENNAI-600 003.

2.

THE DIVISIONAL SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE,SOUTHERN RAILWAY, PALAKKAD DIVISIONAL OFFICE,PALAKKAD-678009.

3.

THE ADDITIONAL CHIEF SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE,CHENNAI-600003.

R1-R3 BY SRI.V.E.ABDUL GAFOOR,SC, RAILWAYS BY SRI.C.S.DIAS,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27208 of 2013 (A) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT-P1:TRUE COPY OF THE MEMORANDUM BEARING NO.J/XP 227/SR 8301694/CPP/DSC/153/6/12 DT.10-12-2012 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

EXHIBIT-P2:TRUE COPY OF THE PROCEEDINGS OF THE INQUIRY CONDUCTED ON DIFFERENT DATES.

EXHIBIT-P3:TRUE COPY OF THE DEFENCE BRIEF DT.12-2-2013 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT-P4:TRUE COPY OF THE LETTER BEARING NO.J/XP 227/SR 8301694/CPP/DSC/153/6/12 DT.6-3-3013 ISSUED BY R2 COMMUNICATING THE REPORT OF THE INQUIRY OFFICER. EXHIBIT-P5:TRUE COPY OF THE OBJECTIONS DT.19-3-2013 AGAINST THE FINDINGS OF THE INQUIRY OFFICER, SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT-P6:TRUE COPY OF THE PENALTY ADVICE BEARING NO.J/XP227/SR8301694/CPP/DSC/153/6/12 DT.28-6-2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P7:TRUE COPY OF THE STATUTORY APPEAL DT.24-8-2013 SUBMITTED TO THE 3RD RESPONDENT, APPELLATE AUTHORITY.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S.TO JUDGE pk

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.27208 of 2013 ***************************************************** Dated this the 18th day of February, 2015

JUDGMENT

The petitioner while working as a Constable of the Railway Protection Force at Palakkad was subjected to disciplinary proceedings. Based on the disciplinary proceedings, a penalty of reduction in Grade Pay from Rs.2,800/- to Rs.2,000/- was imposed on the petitioner for a period of 24 months. This order is under challenge before the third respondent by Ext.P7 appeal. The only limited request made by the petitioner is for an early disposal of Ext.P7 appeal by the third respondent and also to keep the recovery proceedings in abeyance till disposal of Ext.P7. In view of the above, there shall be a direction to the third respondent to take up Ext.P7 after hearing the petitioner and dispose the same within a period of three

W.P.(C) No.27208 of 2013 2 months. Till a decision is taken on Ext.P7, all recovery proceedings pursuant to Ext.P6 shall be kept in abeyance. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln