Mohanachandran T vs Kerala State Beverages ...
2021 Latest Caselaw 3924 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                   WP(C).No.2756 OF 2021(T)


PETITIONER :-

            MOHANACHANDRAN T, AGED 42 YEARS
            S/O.THANKAPPAN, U.D.CLERK,I.D.NO.52203,
            KERALA STATE BEVERAGES (M & M) CORPORATION LTD.,
            FL-9 WARE HOUSE, THRISSUR, RESIDING AT
            THADATHIL HOUSE, KUNNAMANGALAM, KOZHIKODE-673 521

            BY ADVS.
            SMT.A.K.PREETHA
            SRI.C.ANIL KUMAR

RESPONDENTS :-

      1     KERALA STATE BEVERAGES (MANUFACTURING &
            MARKETING) CORPORATION LIMITED, BEVCO TOWER,
            PALAYAM, THIRUVANANTHAPURAM - 695 033,
            REPRESENTED BY ITS MANAGING DIRECTOR

      2     MANAGING DIRECTOR,
            KERALA STATE BEVERAGES (M & M) CORPORATION LTD.,
            BEVCO TOWER, PALAYAM, THIRUVANANTHAPURAM-695 033

      3     ANOOP R.,
            MANAGER, KSBC WAREHOUSE, MENONPARA,
            PALAKKAD - 678 556

            BY SRI.NAVEEN.T, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.2756 OF 2021(T)

                                       -: 2 :-


                                   JUDGMENT

Dated this the 3rd day of February, 2021

This writ petition is filed seeking the following reliefs :-

"This Honourable Court may be pleased to call for the records leading to Exhibit P7 and issue :

i) a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to complete the enquiry expeditiously, in the light to the decision reported in 2015 (16) SCC 415.

ii) to direct the 2nd respondent to take a decision on Exhibit P9 and Exhibit P11 representations in accordance with law."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent Corporation.

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

that disciplinary proceedings had been initiated against the petitioner

by Ext.P1 order of suspension dated 18.6.2020. The memo of charges

had also been issued to the petitioner by Ext.P4 proceedings dated

5.8.2020. The petitioner submitted his written objections to the

memo of charges and had also sought the assistance of an advocate in

the proceedings. The said application is said to be pending. The

learned counsel for the petitioner submits that the disciplinary

proceedings are liable to be completed within a reasonable time,

pending which the petitioner will be put to irreparable injury and

hardship.

WP(C).No.2756 OF 2021(T)

4. The learned Standing Counsel appearing for the

respondents submits that the application preferred by the petitioner

for assistance of a legal practitioner is being considered by the

respondents, which is the reason for the delay in commencing the

proceedings.

Having considered the contentions advanced, I am of the

opinion that the request made by the petitioner for legal assistance as

well as the request for expeditious completion of the disciplinary

proceedings are liable to be considered by the respondents, in

accordance with law. The respondents shall pass appropriate orders

on the request made by the petitioner for legal assistance and the

disciplinary proceedings shall be conducted in accordance with law

and completed within a period of four months from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/9.2.2021 WP(C).No.2756 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.6630/AE3 (C)/2020/KSBC DATED 18.06.2020 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 25.06.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 29.07.2020 IN WPC NO.15484/2020

EXHIBIT P4 TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS, NO.6630/AE3(C)/2020/KSBC, DATED 05.08.2020 ISSUED TO THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE EXPLANATION DATED 19.10.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER NO.6630/AE3(C0/2020/KSBC DATED 12.10.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE ORDER NO.6630/AE3(C0/2020/KSBC DATED 28.10.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE ORDER NO.6630/AE3(C0/2020/KSBC DATED 15.12.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 19.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 30.11.2020 SEND BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 11.01.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT //TRUE COPY//

P.A. TO JUDGE