P SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) WHILE working as a Forest Guard in the Forest Department of the Government of Kerala, the petitioner was suspended from service pending disciplinary proceedings by order dated 21.03.1996. A charge memo was issued on 26.06.1996 and an enquiry was conducted. The same ended in an order imposing on him the punishment of withholding of two annual increments and treating the suspension period as leave. In the criminal case on the same set of facts the petitioner was acquitted. The petitioner challenged the punishment of withholding of increments in an appeal on the ground that the enquiry is vitiated for non- compliance with the procedure prescribed. By Ext.P4 order, the 2nd respondent allowed the appeal and quashed the order of punishment on the ground of defect in the enquiry, directing a denovo enquiry. That order was passed on 15.06.2001. The petitioner's grievance in this writ petition is that even now the denovo enquiry has not even begun. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:

(2.) THE petitioner's contention is that, if the denovo enquiry is conducted now after 14 years, the petitioner would not be in a position to defend himself properly in view of the passage of time and therefore the petitioner is seriously prejudiced.