Heard the learned counsel for the petitioner and the learned counsel for the respondents, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner, a Head Clerk, working in 3rd respondent school went on leave from 07.01.2006 to 30.11.2007 and also from 01.02.2008 to 24.05.2008, allegedly owing to his illness. Treating the said absence as unauthorised, the Government issued Ext.P4 order treating the said leave without allowance, apart from holding that the said period shall not be counted for increment, higher grade, pension, etc.
3. Later, based on what is said to be an anonymous complaint, an enquiry was conducted by the District Finance Inspection Squad of Pathanamthitta district, which eventually submitted Ext.P5 report. Eventually when the report was forwarded to the 4th respondent, it imposed a punishment of barring one increment with cumulative effect on the petitioner. Aggrieved thereby, the petitioner filed Ext.P17 appeal before the Additional 5th respondent, who is yet to dispose of the said appeal. Complaining of its non-disposal, the petitioner filed the present writ petition.
4. The learned counsel for the petitioner has submitted that through Ext.P4 already what had been felt to be suitable action was already taken by the authorities on the unauthorised absence of the petitioner, though it was purely owing to his illness. According to the learned counsel for the petitioner, taking further action based on an anonymous complaint is entirely unsustainable. At any rate, the learned counsel has urged this Court to direct the Additional 5th respondent to dispose of Ext.P17 appeal at the earliest.
5. The learned Government Pleader on his part has strenuously opposed the claims and contentions of the petitioner. He has submitted that it is not a case of mere absence, but that of manipulating the records and drawing salary for the period the petitioner had been absent from duty. According to the learned Government Pleader, the Manager and the Principal being close relatives of the petitioner, it is evident that they facilitated the fraud committed by the petitioner thereby causing loss to the Exchequer. Even on merits of the matter, contends the learned Government Pleader, the 5th respondent Manager, despite the gravity of the charges, treated the petitioner very leniently. In the end, the learned Government Pleader has however submitted that given the fact that a statutory appeal is pending before the Additional 5th respondent, it may be necessary for this Court to adjudicate the matter on merits.
6. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, without entering in to the merits of the matter, this Court disposes of the writ petition with a direction to the 1st respondent to consider Ext.P17 statutory revision filed by the petitioner, in accordance with law, and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. If desired, the petitioner shall produce a copy of the writ petition along with a copy of the judgment before the additional 5th respondent.
DAMA SESHADRI NAIDU, JUDGE
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