R. Balachandran vs The State Of Kerala Represented By on 20 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5672 of 2008(A)


1. R. BALACHANDRAN, RATIONING INSPECTOR
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. THE COMMISSIONER

3. THE DEPUTY CONTROLLER OF RATIONING

4. THE DIRECTOR, FOOD AND CIVIL SUPPLIES

5. THE KERALA CIVIL SUPPLIES CORPORATION

6. THE REGIONAL MANAGER

                For Petitioner  :SRI.R.RAJASEKHARAN PILLAI

                For Respondent  :SMT.MOLLY JACOB,SC,SUPPLYCO

The Hon'ble MR. Justice V.GIRI

 Dated :20/02/2008

 O R D E R
                                    V.GIRI,J.

                             -------------------------

                      W.P ( C) No.  5672  of 2008

                            --------------------------

                 Dated this the 20th   February, 2008


                              J U D G M E N T

Aggrieved by Exhibit P5 order of punishment imposed by

the 3rd respondent, the petitioner has preferred Exhibit P6

statutory appeal before the 2nd respondent and the same is

pending. In the meanwhile, Exhibit P7 has been addressed to

the Taluk Supply Officer by the 6th respondent requiring him to

realise an amount of Rs.29,897.92 from the salary of the

petitioner.

2. I have heard the learned counsel for the petitioner

Mr.R.Rajasekharan Pillai, the learned standing counsel for the

Civil Supplies Corporation and the learned Government Pleader.

3. I am of the view that in circumstances where Exhibit P6

appeal is pending before the appellate authority, it is appropriate

that the appeal is disposed of at the earliest. It is further

appropriate that recovery from petitioner’s salary be kept in

abeyance till orders are passed on Exhibit P6 appeal.

W.P ( C) No. 5672 of 2008

2

In the result, the writ petition is disposed of directing the

2nd respondent to consider and pass orders on Exhibit P6 appeal,

within a period of six months from the date of receipt of a copy of

this judgment. Recovery pursuant to Exhibit P7 shall stand

stayed till the disposal of Exhibit P6. It is also made clear that

further enforcement of Exhibit P7 shall be subject to the orders

to be passed by the 2nd respondent on Exhibit P6 appeal.

(V.GIRI, JUDGE)

ma

W.P ( C) No. 5672 of 2008

2

K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

ORDER

25th May, 2007