Kerala High Court
K. Ajith Kumar vs Kerala State Beverages ... on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C).No.2603 OF 2021(A)
PETITIONER:
K. AJITH KUMAR,
AGED 43 YEARS
S/O LATE K PADMANABHAN, (UNDER SUSPENSION), ABKARI
WORKER C-3, ID NO 10641, ATTACHED TO FL-1/13011
(KANNUR OLD) RESIDING AT NADAPURAM HOUSE, PALLIKKUNNU
P.O.PODIKKUNDU-670 004.
BY ADVS.
SHRI.C.S.AJITH PRAKASH
SHRI.T.K.DEVARAJAN
SRI.FRANKLIN ARACKAL
SRI.PAUL C THOMAS
SHRI.BABU M.
SHRI.NIDHIN RAJ VETTIKKADAN
SRI.HAARIS MOOSA
SMT.DEVYANI
SMT.NIKHITA ANN REBELLO
RESPONDENT/S:
1 KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
CORPORATION LTD,
REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWER,
VIKAS BHAVAN P.O.PALAYAM, THIRUVANANTHAPURAM -695
033.
2 THE MANAGING DIRECTOR,
KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
CORPORATION LTD, BEVCO TOWER, VIKAS BHAVAN P.O.,
PALAYAM, THIRUVANANTHAPURAM -695 033.
3 GENERAL MANAGER (ADMINISTRATION),
KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
CORPORATION LTD, BEVCO TOWER, VIKAS BHAVAN
P.O.PALAYAM, THIRUVANANTHAPURAM -695 033.
BY ADV.T.NAVEEN-STANDING COUNSEL, KSBC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2603 OF 2021
2
JUDGMENT
Dated this the 8th day of February 2021
This writ petition is filed seeking the following reliefs:-
(i) To call for the records leading to Exhibit P4
suspension Order issued to the petitioner and set aside
or quash the same by issuing a Writ of Certiorari or any
other appropriate Writ or Order after declaring it as
illegal.
(ii) To issue a writ of mandamus directing the 2 nd
respondent to revoke the order of suspension Exhibit
P4 and permit the petitioner to join for duty as an Abkari
Worker in Shop No.FL-1/13011 (Kannur Old) Retail
Shop, in the interest of justice.
(iii) To call for the records leading to issuance of
Exhibits P10 charge memo and the accompanying
statement of allegation and set aside the same on the
ground that the charge sheet of such a nature will not
lie in the given facts and circumstances of the case.
(iv) To declare that, the Abkari Workers associating with
the local body election does not amounts to any
violation of Model Code of Conduct or the violation of
Kerala Government Service Rules or the Service Rules
of the Kerala State Beverages (Manufacturing and
Marketing) Corporation Ltd.
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
WP(C).No.2603 OF 2021
petitioner is an Abkari worker, who had been absorbed in the service of the
Beverages Corporation. He had been placed under suspension on
02.12.2020 by Ext.P4 on the ground that he had participated in an election
campaign of his relative. It is submitted by the learned counsel for the
petitioner that the ground raised in Ext.P4 is that the conduct of the
petitioner as a Government servant, in having participated in an Election
Campaign, was against the Conduct Rules.
4. It is submitted by the learned counsel for the petitioner that the
petitioner cannot be regarded as a Government servant and that the
Government Servants Conduct Rules are not applicable to the petitioner. It
is submitted that there is no provision in the Conduct Rules applicable to
the petitioner, which states that the petitioner should not participate in
Panchayath Election Campaign.
5. It is submitted that pointing out all the factual and legal aspects
of the matter, the petitioner has submitted Ext.P11 representation before
the 1st respondent and seeks a consideration of the same, after hearing
the petitioner as well. Having considered the contentions advanced on
either side, I am of the opinion that the question whether the petitioner was
liable to be kept under suspension on the grounds stated in Ext.P4, is a
matter for the 2nd respondent to consider in accordance with law. Ext.P11
representation preferred by the petitioner is, therefore, liable to be
WP(C).No.2603 OF 2021
considered without further delay.
In the above view of the matter, there will be a direction to the 2 nd
respondent to take up Ext.P11 representation preferred by the petitioner
and to consider the same, taking note of the contentions raised by the
petitioner, including with regard to the inapplicability of the Government
Servants Conduct Rules. Orders shall be passed by the 2 nd respondent,
after hearing the petitioner as well, through any appropriate means,
including video conferencing within a period of two weeks from the date of
receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
ssa
WP(C).No.2603 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER NO
4616/AA12/2012/KSBC DATED 16.3.2017
EXHIBIT P2 A TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE REVISED PAY SCALE SANCTIONED AS
PER GO (P)NO.206/2012/FIN DATED 2.4.2012
EXHIBIT P3 A TRUE COPY OF THE LEAVE APPLICATION
SUBMITTED BY THE PETITIONER AND ITS TYPED
COPY
EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE
SUSPENSION ORDER NUMBER
12786/AE3(C)/2020/KSBC DATED 2.12.2020
EXHIBIT P5 A TRUE COPY OF THE DESHABHIMANI DAILY DATED
29.11.2020
EXHIBIT P6 A TRUE COPY OF COMPLAINT FORWARDED BY
MR.VIJU PALA, SECRETARY OF LDF OF 7TH
DIVISION DATED 21.11.2020
EXHIBIT P7 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE COMPANY SECRETARY IN WPC NO 16709/19
DATED 25.7.2019 ON BEHALF OF THE FIRST
RESPONDENT COMPANY
EXHIBIT P8 A TRUE COPY OF THE RELEVANT PAGES OF THE
SERVICE RULES FOR EMPLOYEES OF KSBC
EXHIBIT P9 A TRUE COPY OF THE MODEL CODE OF CONDUCT
PUBLISHED BY KERALA STATE ELECTION
COMMISSION, 2020
EXHIBIT P10 A TRUE COPY OF THE STATEMENT CHARGE SHEET
AND THE ACCOMPANYING STATEMENT OF
ALLEGATION DATED 4.1.2021
EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED
04/02/2021 WITHOUT ITS ANNEXURE.
