Divya Dileep vs The Managing Director And Chief ...

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
                       WP(C) NO. 15893 OF 2022
PETITIONER/S:
           DIVYA DILEEP,AGED 32 YEARS,D/O.P.S.DILIP KUMAR,
           NOW WORKING AS CLERK, COMMISSIONERATE OF CIVIL SUPPLIES
           AND CONSUMER AFFAIRS, THIRUVANANTHAPURAM, RESIDING AT
           PALAZHI HOUSE, MANKODE VILLAGE, KOTTARAKKARA TALUK,
           KOLLAM DISTRICT, PIN - 691506

            BY ADVS.
            M.G.SREEJITH
            LUKE J CHIRAYIL


RESPONDENT/S:
     1     THE MANAGING DIRECTOR AND CHIEF EXECUTIVE, THE KERALA
           STATE CIVIL SUPPLIES CORPORATION LIMITED
           P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
           KOCHI, PIN - 682020

    2       THE ADDITIONAL GENERAL MANAGER (P AND A)
            THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,
            P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI, PIN - 682020

    3       THE REGIONAL MANAGER, THIRUVANANTHAPURAM REGION
            THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,
            GX36, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN -
            695014

    4       THE DEPOT MANGER, THE KERALA STATE CIVIL SUPPLIES
            CORPORATION LIMITED KOTTARAKKARA
            KOTTARAKKARA - EDAKKIDOM - NEDUMANKAVU RD,
            KOTTARAKKARA, KERALA, PIN - 691506

    5       THE BOARD OF DIRECTORS , THE KERALA STATE CIVIL
            SUPPLIES CORPORATION LIMITED
            P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI,REPRESENTED BY MANAGING DIRECTOR, PIN - 682020

            BY ADV R.LAKSHMI NARAYAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.15893/2022                  2

                                JUDGMENT

The grievance of the petitioner is that as against Exhibit P7 order passed against the petitioner as part of disciplinary proceedings, she was directed to pay an amount of Rs.35846.97/- within a period of 30 days from the date of the order. It is pointed out that as against Ext.P7 order, an appeal has been preferred by her before the 5th respondent as evidenced by Ext.P8. Along with the said appeal, a stay petition was also filed and the same are yet to be numbered. According to the learned counsel for the petitioner, the recovery is going to be effected from her salary in the meantime. This Writ Petition is filed in such circumstances.

2. Heard both sides.

3. Considering the facts and circumstances WP(C) No.15893/2022 3 of this case, the 5th respondent is directed to take up and pass orders on the stay petition filed along with Ext.P8 and pass appropriate orders thereon as expeditiously as possible. Till such a decision is taken by the 5th respondent on stay petition, the recovery proceedings against the petitioner, if any, shall be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE pkk WP(C) No.15893/2022 4 APPENDIX OF WP(C) 15893/2022 PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF MEMO OF CHARGES DATED 28-05-

2020 ISSUED BY THE 2ND RESPONDENT Exhibit2 TRUE COPY OF EXPLANATION SUBMITTED BY THE PETITIONER DATED 16-06-2020 BEFORE THE 2ND RESPONDENT.

Exhibit-P3 TRUE COPY OF PROCEEDINGS DATED 25-06-2020 ISSUED BY THE 2ND RESPONDENT Exhibit-P4 TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER DATED 20-10-2020 Exhibit5 TRUE COPY OF JUDGMENT DATED 04-03-2022 IN WP(C) NO.7134/2022 Exhibit-P6 TRUE COPY OF REQUEST DATED 17-03-2022 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit-P7 TRUE COPY OF ORDER DATED 24-03-2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit-P8 TRUE COPY OF APPEAL AND STAY PETITION DATED 07-05-2022 PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT