Hariharan S vs The Kerala State Civil Supplies ...
2021 Latest Caselaw 10975 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

 WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                   WP(C).No.5618 OF 2021(B)


PETITIONER :-

            HARIHARAN S,
            ASSISTANT SALES MAN (UNDER SUSPENSION)
            NFSA DEPOT, KOLLAM AND
            RESIDING AT AVITTOM HOUSE, TRA C 54A,
            THEKKEKUTTIKAVU, THEKKEVILA POST,
            KOLLAM DISTRICT, PINCODE - 691 016.

            BY ADV. SRI.R.PREMCHAND
            BY ADV. SMT.DILSHA A.A.

RESPONDENTS :-

      1     THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
            MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI-682020, REPRESENTED BY ITS GENERAL MANAGER.

      2     THE ADDITIONAL GENERAL MANAGER
            (PERSONNEL AND ADMINISTRATION),
            THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
            MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI - 682 020.

      3     REGIONAL MANAGER
            KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
            REGIONAL OFFICE, MAVELI TOWER,
            SISU VIHAR ROAD, VAZHUTHACAUD,
            SASTHAMANGALAM P.O., THIRUVANANTHAPURAM - 695010.

            BY SMT.MOLLY JACOB, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.5618 OF 2021(B)

                                  -: 2 :-


                              JUDGMENT

Dated this the 7th day of April, 2021

This writ petition is filed seeking the following relief :-

"To call for exhibit P6 order No.T3/895/2020 dated 02/11/2020 and to quash the same and direct the respondents to reinstate the petitioner".

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner, who is working as Assistant Sales Man, was placed

under suspension by order dated 12.2.2020. The suspension was

extended by order dated 22.6.2020. Thereafter, a memo of charges

was issued to the petitioner. The petitioner had preferred a request

seeking review of the order of suspension. However, the same has

been rejected by Ext.P6, which according to the petitioner, is a non-

speaking order and does not comply with the provisions of the Kerala

Civil Services (Classification, Control & Appeal) Rules, 1960.

4. Having heard the learned Standing Counsel also, I find that

Ext.P6 by which the suspension has been extended is a cryptic and

non-speaking order. The issue has to be considered taking note of the

factual aspects of the matter as well as the necessity to keep the

petitioner under suspension for a longer period. WP(C).No.5618 OF 2021(B)

In the above view of the matter, I am of the opinion that the

issue requires a reconsideration at the hands of the 3 rd respondent.

Ext.P6 order is, therefore, set aside. There will be a direction to the

3rd respondent to take up any request to be made by the petitioner

for reviewing the order of suspension and for reinstatement of the

petitioner. Such representation, if any, made within a period of two

weeks from the date of receipt of a copy of this judgment, shall be

considered by the 3rd respondent within a period of three weeks

thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/13.4.2021 WP(C).No.5618 OF 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SHOW CAUSE NOTICE NO. VIG.1-801/19 DATED 23/12/2019 ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE VIGILANCE OFFICER DATED 30.12.2019.

EXHIBIT P3 TRUE COPY OF ORDER NO. T3/895/2020 DATED 12/02/2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF ORDER NO.T3/895/2020 DATED 22/06/2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF CHARGE MEMO NO. D21/5120/20[2]DATED 06/07/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER NO T3/895/2020 DATED 02.11.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.D26/14710/2017 DATED 22/12/17 ISSUED BY THE 2ND RESPONDENT.

//TRUE COPY//

P.A. TO JUDGE