High Court Kerala High Court

P.R.Rajendran By Rajeswari vs State Of Kerala on 21 January, 2009

Kerala High Court
P.R.Rajendran By Rajeswari vs State Of Kerala on 21 January, 2009
       

  

  

 
 
  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.