V. KUMARAN Vs. COCHIN SHIPYARD, REPRESENTED BY THE MANAGING DIRECTOR AND CHAIRMAN AND MANAGING DIRECTOR, COCHIN

JUDGEMENT

(1.) THE petitioner is an employee of the Cochin Shipyard. Disciplinary action was initiated against him which culminated in Ext.P1 memo dated 21.11.1998 issued by the Deputy General Manager (Hull). By that memo, the punishment of demotion to the post of Senior Attender Gr.III was awarded to the petitioner. The petitioner, who was then working as Attender Gr.IV carried the matter in appeal before the appellate authority, who by Ext.P2 order passed on 1.1.1999 dismissed the appeal. A further appeal to the Chairman and Managing Director was also rejected as can be seen from Ext.P3 letter dated 28.4.2003. The petitioner thereupon moved this Court by filing W.P.(C) No. 23103 of 2003. The said writ petition was allowed on the short ground that the petitioner was not afforded an opportunity of being heard on the question of punishment. This Court also directed the respondents to reconsider the matter. The respondents accordingly reconsidered the matter and thereafter issued Ext.P5 order whereby, the punishment of stoppage of increments for four years with cumulative effect (as on 21.11.1998 - the date of order imposing the punishment of demotion to the lower post) was passed. The said order was passed after the petitioner was heard on 14.1.2008. The petitioner did not challenge Ext.P5 in time. With the result, it attained finality and the punishment awarded was implemented.

(2.) AFTER the punishment took effect, the petitioner moved the Chairman and Managing Director of Cochin Shipyard by submitting Ext.P6 representation dated 2.5.2014 wherein he prayed that the order imposing punishment may be reviewed. Upon receipt of the said representation, Ext.P7 notice dated 15.5.2014 was issued informing the petitioner that the Chairman and Managing Director of Cochin Shipyard will hear him in person at 11.30 am on 19.5.2014. The petitioner was also permitted to engage the General Secretary of the Employees' Union to accompany him. In the instant writ petition, which was presented on 26.5.2013, the petitioner prays for an order directing the Chairman and Managing Director of Cochin Shipyard to pass orders on Ext.P6 representation within a time limit to be fixed by this Court.