K.Kunjunni vs The Administrator (Amended)
2021 Latest Caselaw 15898 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                       WP(C) NO. 17306 OF 2020
PETITIONER:

            K.KUNJUNNI
            U.D.CLERK, GURUVAYUR DEVASWOM OFFICE,
            GURUVAYUR, PIN-680 101, THRISSUR,
            NOW WORKING AT VENGAD GOKULAM, MALAPPURAM.

            BY ADVS.

            P.N.MOHANNAN
            SRI.C.P.SABARI
            SMT.AMRUTHA SURESH

RESPONDENTS:

    1       THE ADMINISTRATOR (AMENDED)
            GURUVAYUR DEVASWOM, DEVASWOM OFFICE, EAST NADA,
            GURUVAYUR, PIN-680 101, THRISSUR
            (GURUVAYUR DEVASWOM, REPRESENTED BY ADMINISTRATOR,
            DEVASWOM OFFICE, EAST NADA, GURUVAYUR,PIN-680101.
            (AMENDMENT CARRIED OUT AS PER ORDER DATED 9-2-20201 IN
            IA 1/2021)

    2       THE GURUVAYUR DEVASWOM MANAGING COMMITTEE
            REPRESENTED BY CHAIRMAN, GURUVAYUR DEVASWOM,
            GURUVAYUR, PIN-680 101, THRISSUR.

            BY ADVS.

            SRI.T.K.VIPINDAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, ALONG WITH WP(C).999/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 17306 OF 2020 &
WP(C) NO. 999 OF 2021
                                2


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                      WP(C) NO. 999 OF 2021
PETITIONERS:

     1     K.PRADEEP KUMAR
           UPPER DIVISION CLERK,
           GURUVAYOOR DEVASWOM, GURUVAYOOR 680 101

     2     E.RAMESH
           UPPER DIVISION CLERK,
           GURUVAYOOR DEVASWOM, GURUVAYOOR 680 101

     3     SUNILKUMAR P.V.
           STORE KEEPER (ELECTRICAL SECTION),
           GURUVAYOOR DEVASWOM, GURUVAYOOR 680 101

     4     M.PRAMOD KUMAR
           WATCHMAN (TEMPLE), GURUVAYOOR DEVASWOM,
           GURUVAYOOR 680 101

           BY ADVS.

           SRI.K.JAJU BABU (SR.)
           SRI.BRIJESH MOHAN
           SMT.M.U.VIJAYALAKSHMI
           KUM.T.S.ATHIRA
           SHRI.SACHIN RAMESH
           SHRI.ASADU AHMMED CHULLINTE



RESPONDENTS:

     1     GURUVAYOOR DEVASWOM MANAGING COMMITTEE
           GURUVAYOOR 680 101, REP. BY ITS ADMINISTRATOR

     2     THE ADMINISTRATOR
           GURUVAYOOR DEVASWOM MANAGING COMMITTEE,
           GURUVAYOOR 680 101
 WP(C) NO. 17306 OF 2020 &
WP(C) NO. 999 OF 2021
                               3



           BY ADV SRI.T.K.VIPINDAS




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2021, ALONG WITH WP(C).17306/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17306 OF 2020 &
WP(C) NO. 999 OF 2021
                                       4


                                  JUDGMENT

[WP(C) Nos.17306/2020, 999/2021]

These two writ petitions have been heard together, since they

contain analogous factual assertions and seek reliefs which are similar

to each other.

2. The petitioners in WP(C)No.17306 of 2020 are stated to

have retired from the services of Guruvayoor Devaswam Board; while

the petitioners in WP(C)No.999 of 2021 are stated to be still working

under it in various capacities.

3. The uncontested facts on record show that petitioners were

proceeded against for certain alleged misconduct, leading to them being

punished; and they approached this Court impugning the said

proceedings on various grounds, but primarily that the person who had

conceded to the incident - namely, a certain Sri.Krishna Das - had been

exonerated of all liability, while they, who had contested all the charges,

have been imposed with punishment.

4. The learned Standing Counsel for the Guruvayur Devaswom

Board, Sri.T.K.Vipindas, on the other hand, submitted that the afore

mentioned Sri.Krishna Das had been let off without any punishment

only because he had confessed and expressed regret; while the

petitioners herein did not choose to do so.

5. Noticing the afore dialectical contentions of the parties, on WP(C) NO. 17306 OF 2020 & WP(C) NO. 999 OF 2021

6th July, 2021 when these matters were heard by me earlier, I indicted

the following order:

"I have heard this writ petition rather expansively today.

2. Though there are several issues impelled by both sides, at the heart of the disputes is the question whether a denigratory notice had been distributed by the petitioners against the Guruvayur Devaswom Board and its Committee.

3. Interestingly, the person who confessed to the distribution, a certain Sri.Krishnadas, was let off without any punishment, because he confessed and expressed his regret.

4. Sri.Vipin Das, learned Standing Counsel for the Guruvayoor Devaswom Board, submitted that if the petitioners also express regret, the punishment imposed against them can be vacated by the Board, on parity with Sri.Krishnadas.

5. However, Sri.Jaju Babu, learned Senior Counsel, instructed by Sri.Brijesh Mohan and Sri.P.N.Mohanan, appearing for various petitioners in these cases, submitted that it is their clients' specific case that they did not print or distribute the notice concerned.

6. That said, there can be no doubt that the notice in question is in bad taste and this is conceded to by even the petitioners in these cases. Therefore, even if they have not distributed it as submitted by them, the fact that they did not cross-examine any of the management witness would stand against them.

7. On the legal issue, however, the question whether the Administrator could have issued the charge memo to the petitioners is also something that this Court may have to consider on its merits.

8. The position being so, I made a suggestion at the Bar, so as to resolve the disputes in an amiable manner, that the petitioners approach the Managing Committee expressing their regret - but without confessing - to the printing of a notice in the name of the Association to which they belong and that this be considered by the Committee, leading to the same treatment as Sri.Krishnadas being offered to them.

9. The learned Senior Counsel and counsel appearing for the parties agreed to this suggestion.

10. I, therefore, adjourn this matter to be considered on 13.07.2021 and leave liberty to the petitioners to offer their letters of regret to the Administrator of the Board within the next two days, which shall then be considered by the Managing Committee in their next meeting, which is stated to be scheduled on 12.07.2021.

The Learned Standing Counsel for the Devaswom Board will inform this Court the decision of the Managing Committee on the next posting date, namely, 13.07.2021."

WP(C) NO. 17306 OF 2020 & WP(C) NO. 999 OF 2021

6. Today, Sri.Jaju Babu, learned Senior Counsel, instructed by

Sri.Brijesh Mohan, appearing for the petitioners in WP(C) No.999 of

2021 and Sri.P.N.Mohannan, learned counsel appearing for the

petitioner in WP(C) No.17306 of 2020, submitted that, in obedience to

directions of this Court afore, their clients filed letters of regret before

the competent authority of the Guruvayur Devaswom Board, but that

they have not been favoured with any reply until now.

Sri.P.N.Mohannan added to this by saying that the retiral benefits of his

clients have not yet been disbursed.

7. Sri.T.K. Vipindas, in response, submitted that all the

petitioners have been now pardoned by the Managing Committee of the

Guruvaryur Devaswom Board, based on their letters of regret and

consequently that no action will be initiated against them further. He

affirmed that the retiral benefits of the petitioner in WP(C) No.17306 of

2020 will be disbursed to him soon after following due procedure,

without any avoidable delay.

In the afore circumstances, I order this writ petition recording the

submissions of Sri.T.K.Vipindas, that no disciplinary action or

punishment will be now continued or imposed against the petitioners in

these cases; with a resultant direction to the competent Authority of the

Guruvayur Devaswom Board to ensure that the retiral benefits of the

petitioner in WP(C) No.17306 of 2020 are paid as expeditiously as is WP(C) NO. 17306 OF 2020 & WP(C) NO. 999 OF 2021

possible, but not later than three months from the date of receipt of a

copy of this judgment.

Needless to say, since I have not considered any of the rival

contentions of the parties on their merits, all of them are left open to be

pursued, in future, if it becomes so warranted.

I close this judgment recording my commendation for the rival

parties in obtaining an amiable solution as afore and also for the learned

Senior Counsel and Counsel appearing for the parties for having

endeavoured such a settlement in its right spirit.

Sd/-

DEVAN RAMACHANDRAN JUDGE scs WP(C) NO. 17306 OF 2020 & WP(C) NO. 999 OF 2021

APPENDIX OF WP(C) 999/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS/DECISION DATED 26.10.2018 OF THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE

EXHIBIT P3 TRUE COPY OF THE SUSPENSION ORDER NO.B4-

8560/18 DATED 27.10.2018 ISSUED BY THE RESPONDENTS

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 16.10.2018 PUBLISHED BY THE DEVASWOM EMPLOYEES UNION (CONGRESS)

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS/DECISION NO.17 DATED 7.11.2018 ISSUED BY THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE

EXHIBIT P6 TRUE COPY OF THE ORDER NO.B4-8560/18 DATED 9.11.2018 ISSUED BY THE RESPONDENTS

EXHIBIT P7 TRUE COPY OF THE MEMO OF CHARGE NO.B4-

8560/2018 (1) DATED 28.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER

EXHIBIT P8 TRUE COPY OF THE MEMO OF CHARGE NO.B4-

8560/2018 (2) DATED 28.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER

EXHIBIT P9 TRUE COPY OF THE MEMO OF CHARGE NO.B4-

8560/2018 DATED 3.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER

EXHIBIT P10 TRUE COPY OF THE MEMO OF CHARGE NO.B4-

8560/2018 DATED 3.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER

EXHIBIT P11 TRUE COPY OF THE REPLY DATED 16.2.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE WP(C) NO. 17306 OF 2020 & WP(C) NO. 999 OF 2021

THE 2ND RESPONDENT

EXHIBIT P12 TRUE COPY OF THE REPLY DATED 16.2.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P13 TRUE COPY OF THE REPLY DATED 16.2.2019 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P14 TRUE COPY OF THE REPLY DATED 18.1.2019 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P15 TRUE COPY OF THE ENQUIRY REPORT DATED 5.12.2019 SUBMITTED BY THE ENQUIRY OFFICER

EXHIBIT P16 TRUE COPY OF THE SHOW CAUSE NOTICE NO.B4-

8560/18(1) DATED 23.4.2020 ISSUE BY THE 2ND RESPONDENT TO THE PETITIONERS

EXHIBIT P17 TRUE COPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

EXHIBIT P18 TRUE COPY OF THE ORDER NO.B4-8650/2018 DATED 15.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS

RESPONDENT'S/S EXHIBITS

EXHIBIT R1A A TRUE COPY OF THE JUDGMENT DATED 25.09.2018 OF THIS HON'BLE COURT IN WP© NO.31071 OF 2018

EXHIBIT R1B A TRUE COPY OF THE COMPLAINT DATED 25.10.2018 SUBMITTED BY N. SREEKUMAR

EXHIBIT R1C A TRUE COPY OF THE COMPLAINT DATED 26.10.2018 SUBMITTED BY BHAVADAS

EXHIBIT R1D A TRUE COPY OF THE COMPLAINT DATED WP(C) NO. 17306 OF 2020 & WP(C) NO. 999 OF 2021

26.10.2018 SUBMITTED BY C.MANOJ

EXHIBIT R1E A TRUE COPY OF THE COMPLAINT DATED 26.10.2018 SUBMITTED BY K.RAMESAN

EXHIBIT R1F A TRUE COPY OF THE COMPLAINT DATED 26.10.2018 SUBMITTED BY VENUGOPAL PAZHOOR

EXHIBIT R1G A TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY M.MANOJ

EXHIBIT R1H A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 05.11.2018 ISSUED TO THE PETITIONERS

EXHIBIT R1I A TRUE COPY OF THE REPLY DATED 24.12.2018 SUBMITTED BY THE 1ST PETITIONER

EXHIBIT R1J A TRUE COPY OF THE REPLY DATED 24.12.2018 SUBMITTED BY THE 2ND PETITIONER

EXHIBIT R1K A TRUE COPY OF THE REPLY DATED 30.11.2018 SUBMITTED BY THE 3RD PETITIONER

EXHIBIT R1L A TRUE COPY OF THE REPLY DATED 28.11.2018 SUBMITTED BY THE 4TH PETITIONER

EXHIBIT R1M A TRUE COPY OF THE RESOLUTION NO:29 DATED 12.03.2019 OF THE 1ST RESPONDENT

EXHIBIT R1N A TRUE COPY OF THE RESOLUTION NO:88 DATED 21.10.2020 WP(C) NO. 17306 OF 2020 & WP(C) NO. 999 OF 2021

APPENDIX OF WP(C) 17306/2020

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE NIL DATED PUBLISHED BY GURUVAYUR DEVASWOM EMPLOYEES UNION (CONGRESS).

EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 16.2.2019 OF THE PRESIDENT OF THE UNION.

EXHIBIT P3 A TRUE COPY OF ORDER DATED 27.10.2018 OF THE FIRST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE MEMO OF CHARGES DATED 3.1.2019.

EXHIBIT P5 A TRUE COPY OF THE REPLY DATED 17.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE REPORT DATED 27.4.2019 SUBMITTED BY THE ENQUIRY OFFICER.

EXHIBIT P7 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 6.8.2019.

EXHIBIT P8 A TRUE COPY OF THE OBJECTION DATED 4.9.2019 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 4.6.2020 OF THE FIRST RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 9.11.2018 ISSUED BY THE FIRST RESPONDENT ALONG WITH THE COPY OF THE RESOLUTION NO.17 DATED 7.11.2018.

RESPONDENT'S/S EXHIBITS

EXHIBIT R1A A TRUE COPY OF THE JUDGMENT DATED 25.09.2018 OF THIS HON'BLE COURT IN WP© WP(C) NO. 17306 OF 2020 & WP(C) NO. 999 OF 2021

NO.31071 OF 2018

EXHIBIT R1B A TRUE COPY OF THE COMPLAINT DATED 25.10.2018 SUBMITTED BY N. SREEKUMAR

EXHIBIT R1C A TRUE COPY OF THE COMPLAINT DATED 26.10.2018 SUBMITTED BY BHAVADAS

EXHIBIT R1D A TRUE COPY OF THE COMPLAINT DATED 26.10.2018 SUBMITTED BY C.MANOJ

EXHIBIT R1E A TRUE COPY OF THE COMPLAINT DATED 26.10.2018 SUBMITTED BY K.RAMESAN

EXHIBIT R1F A TRUE COPY OF THE COMPLAINT DATED 26.10.2018 SUBMITTED BY VENUGOPAL PAZHOOR

EXHIBIT R1G A TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY M.MANOJ

EXHIBIT R1H A TRUE COPY OF THE RESOLUTION NO.3 DATED 26.10.2018

EXHIBIT R1I A TRUE COPY OF THE RESOLUTION NO.2 DATED 01.02.2019

EXHIBIT R1J A TRUE COPY OF THE JUDGMENT DATED 05.02.2019 PASSED BY THIS HONOURABLE COURT IN WP(C)NO.39711/2018

EXHIBIT R1K A TRUE COPY OF THE RESOLUTION NO.40 DATED 19.07.2019

EXHIBIT R1L A TRUE COPY OF THE RESOLUTION NO.16 DATED 27.05.2020