IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 21258 of 2001(E)
1. P.R.RAJENDRAN BY RAJESWARI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SMT.C.NANDINI MENON
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :21/01/2009
O R D E R
T.R. Ramachandran Nair, J.
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O.P. No. 21258 of 2001-E
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Dated this the 21st day of January, 2009.
JUDGMENT
The petitioner was an employee of the Taluk Supply Office, Paravoor
in the category of Lower Division Clerk. He is represented by his wife in
these proceedings. The averments in the original petition show that the
petitioner had certain mental disorders and had been showing sign of
insanity. Ext.P1 medical certificate supports the same. He was under
treatment in various hospitals. By a show cause notice dated 17.8.2000 the
4th respondent, his superior officer sought explanation as to why he should
not be suspended from service. That was replied by his wife as per Ext.P2.
It was explained that the husband of the petitioner was not in his senses and
is unable to understand the consequences of his actions. Therefore, further
action proposed was sought to be dropped. Subsequently, it appeared that
he absconded from the place itself, for which a complaint as evidenced by
Ext.P3 was filed. By Ext.P5 memo, even though disciplinary action was
proposed against him, by Ext.P6 again the matter was brought to the notice
of the concerned authority by his wife further requesting to drop the action.
2. No counter affidavit has been filed by the respondents. Going by
OP 21258/2001 2
the age shown in Ext.P1, the petitioner would have reached the age of
superannuation by now. Even though the prayer in the original petition is
to quash Ext.P5, as it does not appear that any action was taken pursuant to
the same, the prayer to grant the said relief need not be gone into at this
stage. All that is required is to direct the third respondent to consider the
matter as requested for in Ext.P6 and take appropriate action in accordance
with law. Appropriate action to release any benefits due to him shall be
taken within a period of five months from the date of receipt of a copy of
this judgment, and the matter should be communicated to the parties.
The original petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/
OP 21258/2001 3
T.R. Ramachandran Nair, J.
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O.P. No. 21258 of 2001-E
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JUDGMENT
21st day of January, 2009.