IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20757 of 2010(T)
1. T.SOUDARARAJ, B/HAV 4894,
... Petitioner
2. J.VINCENT, B/HAV 4902, BAND HAVILDAR,
3. T.ABRAHAM, B/HAV 4889, BAND HAVILDAR,
4. H.MOHANDAS, B/HAV 4890, BANK HAVILDAR
5. J.JOSE, B/HAV 4892, BAND HAVILDAR,
6. C.GUNAMONY, B/HAV 4893, BAND HAVILDAR,
7. D.ROBINSON, B/HAV 4897, BAND HAVILDAR,
8. J.S.HAMLET, B/HAV 4901, BAND HAVILDAR
9. A.SAMJEE LWRENCE, B/HAV 5159,
10. J.WILFRED, B/HAV 6207, BAND HAVILDAR,
11. C.VIJAYARAJ, B/HAV 6580, BANK HAVILDAR
12. K.MURALEEDHARAN NAIR, B/HAV 6940,
13. A.EBANAZER, B/HAV 7139, BAND HAVILDAR
14. K.RAMACHANDRAN PILLAI, B/HAV 7521,
15. C.J.ROY, B/HAV 8355, BANK HAVILDAR,
Vs
1. STATE OF KERALA REP.BY ITS SECRETARY
... Respondent
2. DIRECTOR GENERAL OF POLICE,
3. COMMANDANT, SPECIAL ARMED POLICE,
4. ACCOUNTANT GENERAL OF KERALA,
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/07/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 20757 OF 2010 (T)
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Dated this the 5th day of July, 2010
J U D G M E N T
The challenge in the writ petition is against Ext.P10. Ext.P10
is the order passed by the 3rd respondent cancelling the third time
bound higher grade granted to the petitioners by Ext.P9 order.
2. Although several contentions are raised by the
petitioners on the merits, I do not think it necessary that this
Court should go into such controversial areas. This is for the
reason that admittedly Ext.P10 order has been issued without
issuing notice to the petitioners or giving them an opportunity to
file their objections in the matter.
3. Therefore, having regard to the fact that Ext.P10 order
is issued in violation of the principles of natural justice, I dispose
of this writ petition with the following directions:-
(1) That Ext.P10 will be treated as a notice calling upon
the petitioners to file their objections to the proposed cancellation
of the time bound higher grade granted to them.
(2) It is directed that it will be open to the petitioners to
file their objections in the matter within three weeks from today.
WPC No. 20757/10
:2 :
(3) Once objections are filed by the petitioners against
Ext.P10 and on receipt thereof, 3rd respondent shall issue notice
to the petitioners, hear them and pass orders thereon. This shall
be done within four weeks thereafter.
(4) Needless to say that since Ext.P10 is to be treated as
notice, no further action on this basis shall be taken in the
meanwhile.
(5) Petitioners shall produce a copy of this judgment along
with a copy of this writ petition before the 3rd respondent for
compliance.
ANTONY DOMINIC, JUDGE
Rp