IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20551 OF 2022
PETITIONER:
THAJUNNISA BEEGUM V.P
AGED 43 YEARS
D/O SEEDIKOYAMAKKETT VALIYAPANDARAM (H) ANDROTH ISLAND
UNION TERRITORY OF LAKSHADWEEP PIN: 682555
BY ADVS.
R.ROHITH
HARISHMA P. THAMPI
RESPONDENTS:
1 THE ADMINISTRATOR,
UNION TERRITORY OF LAKSHADWEEP KAVARATTI ISLAND,
LAKSHADWEEP PIN: 682555.
2 THE REGISTRAR
CO-OPERATIVE SUPPLY & MARKETING SOCIETY, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 68255
3 THE SECRETORY
CO-OPERATIVE SUPPLY & MARKETING SOCIETY, ANDROTH ISLAND
UNION TERRITORY OF LAKSHADWEEP PIN: 682551.
4 K.MOHAMMED ABDUL NAZIR
THE PRESIDENT, CO-OPERATIVE SUPPLY & MARKETING SOCIETY,
ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP PIN:
682551.
BY ADV SRI.V.SAJITH KUMAR, SC, CENTRAL UNIVERSITY OF
KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C)No. 20551 of 2022.
JUDGMENT
Dated this the 24th day of June, 2022.
Though various assertions, allegations and averments have been made and urged in this writ petition against the order issued by the 3 rd respondent -
Society placing the petitioner under suspension, the fact remains that this Court cannot enter into its validity at the first instance and that it will have to be decided by Board of Directors of the said Society, since the applicable Regulations, mandate so.
2. Sri.R.Rohith - learned counsel for petitioner and Sri.V.Sajith Kumar - learned Standing Counsel for the 3 W.P.(C)No. 20551 of 2022.
respondents 1 and 2 accede to the afore.
Resultantly, I order this writ petition, leaving liberty to the petitioner to move an appropriate representation against the impugned order of suspension before the 3 rd respondent - Board of Directors and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the said Authority, after hearing the petitioner, particularly on her contention that, as per the Regulations, no person can be kept under suspension for a period exceeding three months at a time.
The resultant order in this regard shall be issued by the Board of Directors of the Society within a period of two weeks from the date on which the representation is 4 W.P.(C)No. 20551 of 2022.
received.
Needless to say, I have not considered the merits of the dialectical contentions and that they are all left open, to be impelled during the afore exercise.
Sd/-
DEVAN RAMACHANDRAN JUDGE Raj/24.06.2022.
5W.P.(C)No. 20551 of 2022.
APPENDIX OF WP(C) 20551/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO.
10/2021 OF ANDROTH POLICE STATION. Exhibit P2 A TRUE COPY OF THE SUSPENSION ORDER DATED 02.08.2021 IN F.NO.6/1/2021-SMS (AND) ISSUED BY THE 4TH RESPONDENT. Exhibit P3 A TRUE COPY OF THE ORDER DATED 01.11.2021 IN F.NO. 6/1/2021-SMS (AND). ISSUED BY THE 4TH RESPONDENT. Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE SPECIAL BY LAWS RELATING TO THE SERVICE CONDITIONS OF EMPLOYEES. Exhibit P5 A TRUE COPY OF THE ORDER DATED 30.04.2022 IN F.NO. 6/1/2021-SMS (AND) ISSUED BY THE 4TH RESPONDENT.
Exhibit P6 A TRUE COPY OF THE ORDER DATED 29.05.2022 IN F.NO. 6/1/2021-SMS (AND) ISSUED BY THE 4TH RESPONDENT.
Exhibit P7 A TRUE COPY OF THE ARTICLES OF CHARGE DATED 24.05.2022 ISSUED BY 4TH THE RESPONDENT IN F.NO.6/1/2021-SMS(AND). Exhibit P8 A TRUE COPY OF THE WRITTEN STATEMENT 6 W.P.(C)No. 20551 of 2022.
DATED 28.05.2022 FILED BY THE PETITIONER