IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 18539 OF 2022
PETITIONER:
G.UNNIKRISHNAN,
AGED 32 YEARS
S/O GOPALAKRISHNAN, SECRETARY, THIRUVANANTHAPURAM
DISTRICT COMMERCIAL EMPLOYEES WELFARE CO OPERATIVE
SOCIETY (NOW UNDER SUSPENSION) RESIDING AT GOPIKA, TC
43/707-3, VALIYAVEEDU LANE, KAMALESWARAM, MANACADU P.O,
THIRUVANANTHAPURAM.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
ARUN KRISHNA
J.M.DEEPAK
RESPONDENT/S:
1 THIRUVANANTHAPURAM DISTRICT COMMERCIAL EMPLOYEES
WELFARE CO-OPERATIVE SOCIETY
LTD T- 2133, REPRESENTED BY ITS SECRETARY, FORT P.O,
THIRUVANANTHAPURAM 695023.
2 MANAGING COMMITTEE,
THIRUVANANTHAPURAM DISTRICT COMMERCIAL EMPLOYEES
WELFARE CO OPERATIVE SOCIETY LTD T- 2133 REPRESENTED BY
ITS PRESIDENT, FORT P.O, THIRUVANANTHAPURAM 695023.
3 DISCIPLINARY SUBCOMMITTEE,
THIRUVANANTHAPURAM DISTRICT COMMERCIAL EMPLOYEES
WELFARE CO OPERATIVE SOCIETY LTD T- 2133REPRESENTED BY
ITS CHAIRMAN, FORT P.O, THIRUVANANTHAPURAM 695023.
SMT PARVATHY K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18539 OF 2022
2
JUDGMENT
The petitioner says that he has been proceeded disciplinarily by the first respondent - Society on various allegations and placed under suspension ever since 08.09.2021. He alleges that, however, no subsistence allowance has been yet paid to him; but that, in the meanwhile, the disciplinary enquiry is being proceeded. He thus prays that his suspension be quashed by this Court, with a resultant direction issued to the competent Authority to pay him all eligible benefits during the said period, without any further delay.
2. The afore submissions of Sri.R.Sunil Kumar - learned counsel for the petitioner, were controverted by Smt.Anitha Ravindran - learned counsel appearing for the first respondent
- Society, saying that the disciplinary action is now virtually complete and only the issuance of the final order remains. She submitted that, as regards the subsistence allowance is concerned, the Society will pay the same to him, provided all other statutory and imperative requirements are satisfied.
3. When I consider the afore submissions, it is indubitable that the petitioner has approached this Court challenging the suspension order, as also the factum of him not WP(C) NO. 18539 OF 2022 3 having been paid the subsistence allowance during the said period.
4. As regards the suspension is concerned, I am afraid that this Court cannot, at this stage, enter into the merits of the same, particularly when the enquiry is stated to be almost complete, with only the final order remaining to be issued.
5. However, with respect to subsistence allowance, I have no doubt that the Society is bound to pay the same to the petitioner without any further delay.
6. Resultantly, I order this writ petition to the limited extent of directing the first respondent to make sure that all arrears of subsistence allowance is paid to the petitioner, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment; with a corollary direction that the final orders on disciplinary action will be issued only after it is so paid.
It is needless to say that all contentions of the petitioner with respect to his suspension are left open to be pursued by him appropriately at the relevant time; for which purpose, they are left without being considered.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 18539 OF 2022 4 APPENDIX OF WP(C) 18539/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT LETTER OF PETITIONER DATED 22/02/2021.
Exhibit P2 TRUE COPY OF THE ORDER OF THE PRESIDENT OF SOCIETY DATED 8/9/2021 PLACING PETITIONER UNDER SUSPENSION.
Exhibit P3 TRUE COPY OF THE CHARGE MEMO DATED 15/11/2021 GIVEN TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE REPLY DATED 26/11/2021 SUBMITTED BY THE PETITIONER.
Exhibit P5 TRUE COPY OF THE ORDER DATED 17/12/2021 APPOINTING THE ENQUIRY OFFICER.