Saju Paul vs Kitco Limited
2021 Latest Caselaw 16530 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                         WP(C) NO. 15025 OF 2021
PETITIONER:

              SAJU PAUL
              AGED 57 YEARS
              SENIOR CONSULTANT GRADE I,. KITCO LTD, FEMITH'S PB
              NO.4407, (KERALA INDUSTRIAL AND TECHNICAL CONSULTANCY
              ORGANIZATION), PUTHIYA ROAD, NH BYPASS VENNALA, KOCHI-682
              028

              BY ADVS.
              N.NANDAKUMARA MENON (SR.)
              P.K.MANOJKUMAR
              SMITHA S.PILLAI
              ALICE THOMAS
              M.C.SINY



RESPONDENTS:

     1        KITCO LIMITED
              REPRESENTED BY ITS MANAGING DIRECTOR, KITCO LTD, FEMITH'S
              PB NO.4407, (KERALA INDUSTRIAL AND TECHNICAL CONSULTANCY
              ORGANIZATION), PUTHIYA ROAD, NH BYPASS VENNALA, KOCHI-682
              028

     2        THE BOARD OF DIRECTORS,
              KITCO LTD, FEMITH'S PB NO.4407, (KERALA INDUSTRIAL AND
              TECHNICAL CONSULTANCY ORGANIZATION), PUTHIYA ROAD, NH
              BYPASS VENNALA, KOCHI-682 028


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15025 OF 2021
                                           2

                                    JUDGMENT

This writ petition is filed seeking the following reliefs:-

"(i) To issue a writ of certiorari or other appropriate writ order or direction to quash the entire disciplinary proceedings initiated against the petitioner including the order of punishment imposed as per Exhibit P-10 memorandum dated 03.09.2020 issued by the 1st respondent Company.

(ii) To issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1 and 2 to consider Exhibit P-11 Appeal filed by the petitioner on its merits within a time frame to be fixed by this Hon'ble Court.

(iii) To issue a writ of mandamus or other appropriate writ order or direction directing the respondents to treat the period of suspension undergone by the petitioner as on duty and to grant to the petitioner all the service benefits including monetary benefits by regularize the period of suspension."

2. Heard the learned counsel for the petitioner. Notice

taken to respondents 1 and 2 by e-mail has been served.

3. The petitioner has approached this Court

challenging Ext.P10 punishment imposed on him and seeking WP(C) NO. 15025 OF 2021

directions to consider Ext.P11 appeal preferred by the

petitioner before the 2nd respondent.

4. Having heard the learned Senior counsel appearing

for the petitioner, I am of the opinion that the appeal

preferred by the petitioner as against Ext.P10 order of

punishment is liable to be considered, in accordance with law.

5. There will, accordingly, be a direction to the 2 nd

respondent to take up, consider and pass orders on Ext.P11

appeal preferred by the petitioner with notice to the

petitioner and after hearing him within a period of six weeks

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/05.08.2021 WP(C) NO. 15025 OF 2021

APPENDIX OF WP(C) 15025/2021

PETITIONER EXHIBITS

Exhibit P1 THE PHOTOSTAT COPY OF THE REPRESENTATION WITH APPENDIX DATED 12.10.2018 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN AND THE BOARD OF DIRECTORS OF THE COMPANY.

Exhibit P2 THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 4.11.2018 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN AND BOARD OF DIRECTORS PUTTING FORWARD THE GRIEVANCES OF THE PETITIONER.

Exhibit P3 THE PHOTOSTAT COPY OF THE MEMORANDUM NO.34(C)/PER/SKN/2019 DATED 27.03.2019 ISSUED BY THE JOINT GENERAL MANAGER (HR & ADMIN)

Exhibit P4 THE PHOTOSTAT COPY OF THE REPLY DATED 1.4.2019 SUBMITTED BY THE PETITIONER TO THE JOINT GENERAL MANAGER (HR & ADMIN)

Exhibit P5 THE PHOTOSTAT COPY OF THE APPEAL DATED 1.4.2019 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN AND BOARD OF DIRECTORS OF THE 1ST RESPONDENT COMPANY AGAINST THE ORDER OF SUSPENSION.

Exhibit P6 THE PHOTOSTAT COPY OF THE MEMORANDUM NO.2(C) DATED 10.06.2019 ISSUED BY THE JOINT GENERAL MANAGER (HR & ADMIN)

Exhibit P7 THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 14.06.2019 SUBMITTED BY THE PETITIONER HAD REQUESTED THE RESPONDENTS TO RECALL THE ORDER OF APPOINTMENT OF AN ADVOCATE AS THE ENQUIRY OFFICER.

WP(C) NO. 15025 OF 2021

Exhibit P8 THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 25.06.2019 SUBMITTED BY THE PETITIONER TO THE ADVOCATE, K.S. MOHAMED HASHIM, ST.BENEDICT EXTN.ROAD, KOCHI -18.

Exhibit P8(a) THE PHOTOSTAT COPY OF THE LETTER DATED 10.07.2019 ISSUED BY THE JOINT GENERAL MANAGER (HR & ADMIN), TO THE ADVOCATE, K.S. MOHAMED HASHIM, ST.BENEDICT EXTN.ROAD, KOCHI - 18.

Exhibit P9 THE PHOTOSTAT COPY OF THE SHOW CAUSE NOTICE NO.2(C):PER:IC/2020 DATED 19.06.2020 ISSUED BY THE INTERNAL COMMITTEE OF SENIOR OFFICERS.

Exhibit P10 THE PHOTOSTAT COPY OF THE MEMORANDUM NO.

7(C)/PER/IC/2020 DATED 03.09.2020 ISSUED BY THE INTERNAL COMMITTEE OF SENIOR OFFICERS.

Exhibit P11 THE PHOTOSTAT COPY OF THE APPEAL MEMORANDUM DATED 10.09.2020 SUBMITTED BY THE PETITIONER, BEFORE THE CHAIRMAN AND BOARD OF DIRECTORS, KITCO LTD, KOCHI - 682028.