COCHIN PORT TRUST Vs. A. V. POULOSE

JUDGEMENT

(1.) A.V.Poulose, the petitioner in W.P.(C) No.22092/2017, was employed in the Cochin Port Trust (CPT) as a Driver, while, Rasheeda Beevi, the petitioner in W.P.(C) No.25148/2017, was employed as an L.D.Clerk in the same organisation. Both of them were dismissed following separate disciplinary proceedings, and they filed the aforesaid two writs challenging their dismissal and questioning the disciplinary proceedings.

(2.) W.P.(C) No.22092/2017 was allowed by the learned Single Judge vide impugned judgment dated 26.10.2018 in which the learned Judge set aside the orders of punishment by the disciplinary authority, which was confirmed by the appellate authority at Exts.P9 and P11 and directed the respondents-CPT to reconsider the case of the petitioner A.V.Poulose from the stage of enquiry report based on the evidence already adduced, and pass orders within a period of two months from the date of receipt of a copy of the judgment. Challenging the judgment, both the CPT as also the delinquent employee preferred appeals as W.A.Nos.209/2019 and 883/2019 respectively.

(3.) Relying on the judgment in W.P.(C) No.22092/2017, another learned Single Judge vide order dated 22.01.2019 in W.P.(C) No.25148/2017 filed by Rasheeda Beevi, set aside the impugned order imposing the penalty of dismissal and directed the CPT to reconsider the matter with regard to the penalty in the light of the directions in the judgment in W.P.(C) No.22092/2017. That judgment is also challenged by both the CPT and the delinquent Rasheeda Beevi by filing W.A.Nos. 1112/2019 and 1617/2019 respectively. Since both these matters are interconnected, we heard the appeals, which are disposed by this common judgment.