K.A.Jacob vs Union Of India
2021 Latest Caselaw 6000 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                      WP(C).No.21040 OF 2016(D)

PETITIONER:

               K.A.JACOB, AGED 52 YEARS
               S/O.LATE K.J.AUGUSTINE,
               FORMERLY SENIOR ACCOUNTANT,
               MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY,
               RESIDING AT KATTIKKAT HOUSE, THUMBOLI,
               ALAPPUZHA DISTRICT - 688008.

               BY ADVS.
               SRI.G.KIRAN
               SRI.R.KISHORE (KALLUMTHAZHAM)

RESPONDENTS:

      1        UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
               MINISTRY OF COMMERCE, UGYOG BHAVAN,
               NEW DELHI - 110 011.

      2        MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY (MPEDA),
               MPEDA HOUSE, PANAMPILLY AVENUE, PB NO.4272, KOCHI -
               682 036 REPRESENTED BY ITS SECRETARY.

      3        THE CHAIRMAN, MARINE PRODUCTS EXPORT DEVELOPMENT
               AUTHORITY, MPEDA HOUSE, PANAMPILLY AVENUE,
               PB NO.4272, KOCHI - 682 036.

      4        THE INQUIRY OFFICER AND DEPUTY DIRECTOR,
               REGIONAL OFFICE, MPEDA, 6TH FLOOR, REGENT CHAMBERS,
               JAMANLAL BAJAJ MARG, NARIMAN POINT, MUMBAI,
               MAHARASHTRA - 400 021.

      5        MS.LEENA NAIR, SECETARY, MINISTRY OF WOMEN AND CHILD
               DEVELOPMENT, SASTRI BHAVAN, NEW DELHI - 110 001.

               BY ADVS.
               SRI.DINESH R.SHENOY, CGC
               SRI. P.VIJAYAKUMAR - ASGI
               SMT.K.RADHAMANI AMMA, SC,
               SRI.ANTONY MUKKATH-SC,

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 21040/16
                                           2



                                     JUDGMENT

The petitioner challenges Ext.P24

proceedings and the order of the Disciplinary

Authority with respect to an action initiated

against him by the Marine Products Export

Development Authority (MPEDA for short).

2. When this matter was called today,

even though the petitioner made elaborate

arguments through his learned counsel -

Sri.R.Kishore, the learned Standing Counsel

for the MPEDA - Sri.Antony Mukkath, submitted

that this Writ Petition is not maintainable,

because the petitioner has approached this

Court even without invoking his alternative

statutory remedy under Rule 24 of the Central

Civil Services (Classification, Control and

Appeal) Rules, 1965 [CCS (CCA) Rules for

short]. He added that the petitioner ought to

have approached the competent Appellate

Authority within a period of 45 days from WPC 21040/16

Ext.P24, as per Rule 25 of the aforementioned

Rules. He, therefore, prayed that this Writ

Petition be dismissed.

3. I find force in the submission of

Sri.Antony Mukkath, that the petitioner ought

not to have approached this Court without

first invoking his appellate remedy before the

competent Authority. However, I am of the view

that he can still be allowed to invoke his

remedy because, even though Ext.P24 is dated

22.04.2016, it is stated that it was received

by the petitioner much later and I notice that

this Writ Petition has been filed as early as

on 20.06.2016.

4. Since this Court entertained this Writ

Petition and it has been pending before this

Court for more than 4 years, I am certainly of

the view that the rigour of limitation cannot

be held against the petitioner, if he now

intends to invoke the alternative statutory WPC 21040/16

remedy.

5. Perhaps, discerning my mind as afore,

Sri.Antony Mukkath also submitted that if the

petitioner approaches the competent Appellate

Authority within a time frame to be fixed by

this Court, same can be considered as a valid

appeal and disposed of by the said Authority

on its merits.

In the afore circumstances, without

entering into the merits of any of the

contentions of the rival parties, I order this

Writ Petition, granting liberty to the

petitioner to approach the competent Appellate

Authority by preferring an appeal under Rule

24 of the CCS (CCA) Rules, 1965; and if this

is done within a period of two weeks from the

date of receipt of a copy of this judgment,

same shall be treated to have been filed

within time and shall be disposed of by the

said Authority, after affording necessary WPC 21040/16

opportunity of being heard to the petitioner -

either physically or through video

conferencing - thus culminating in an

appropriate order thereon, as expeditiously as

is possible, but not later than four months

from the date on which the appeal is filed by

the petitioner.

Sd/-

                                  DEVAN RAMACHANDRAN
       RR                               JUDGE
                       APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEMORANDUM ISSUED BY THE 5TH RESPONDENT AS CHAIRMAN, ALONG WITH THE STATEMENT OF ARTICLES OF CHARGES, STATEMENT OF IMPUTATION OF MISCONDUCT, LIST OF REPLIED DOCUMENTS AND LIST OF WITNESSES.

EXHIBIT P2 TRUE COPY OF THE REPLY DATED 27.6.2015 SUBMITTED BY THE PETITIONER.

EXHIBIT P3 THE OFFICE ORDER PART II NO.523 APPOINTING THE INQUIRY OFFICER DATED 24.7.2015.

EXHIBIT P4 TRUE COPY OF THE SUBMISSION DATED 1.10.2015 SUBMITTED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.11/4/2015/VIG/HO DATED 30.10.2015 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.ENQ/KAJ/2015-2 DATED 9.11.2015 FROM THE 2ND RESPONDENT ADDRESSED TO THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 10.11.2015 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 7.12.2015 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 8.12.2015 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 10.12.2015 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE DAILY ORDER SHEET NO.7 DATED 10.12.2015.

EXHIBIT P12 TRUE COPY OF THE DAILY ORDER SHEET NO.8 DATED 10.12.2015.

WPC 21040/16

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 16.12.2015 SUBMITTED BY THE PETITIONER.

EXHIBIT P14 TRUE COPY OF THE ORDER DATED 18.12.2015 OF THE 3RD RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE DAILY ORDER SHEET NO.10 DATED 22.12.2015 BY THE EXAMINATION DOCTOR, DR. MAYA.

EXHIBIT P16 TRUE COPY OF THE DAILY ORDER SHEET NO.10EXAMINATION OF SMT. DEEPA, CHIEF ACCOUNTS OFFICER.

EXHIBIT P17 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER PREFERRED ON 31.12.2015 TO COMMERCIAL SECRETARY.

EXHIBIT P18 TRUE COPY OF THE BRIEF SUBMITTED BY THE PRESENTING OFFICER DATED 13.1.2016.

EXHIBIT P19 TRUE COPY OF THE REPLY DATED 9.2.2016 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P20 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER.

EXHIBIT P21 TRUE COPY OF THE REPORT OF THE INQUIRY OFFICER, DATED 16.2.2016.

EXHIBIT P22 TRUE COPY OF THE REPLY DATED 14.4.2016 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P23 TRUE COPY OF THE REPLY DATED 19.4.2016 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P24 TRUE COPY OF THE ORDER NO.11/4/2015/VIG/HO 22.4.2016OF THE 3RD RESPONDENT.

EXHIBIT P25 TRUE COPY OF THE JUDGMENT DATED 18.5.2016 IN W.P(C) NO.6162 OF 2016 U OF THIS HON'BLE COURT.

WPC 21040/16

EXHIBIT P26 TRUE COPY OF THE MINISTRY OF LAW AND JUSTICE ADVICE NO.FTS NO.1962/ADV.B./2015 DATED 28.7.2015

EXHIBIT P27 TRUE COPY OF THE LETTER NO.

7/4/2014-EP(MP) DATED 29.1.2016 FROM THE 1ST RESPONDENT ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P28 TRUE COPY OF THE REPRESENTATION DATED 6.5.2016 SUBMITTED BY THE PETITIONER.

EXHIBIT P29 THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER DATED 01.02.2013.

EXHIBIT P29(A) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S SON DATED 01.02.2013

EXHIBIT P29(B) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER DATED 01.02.2013.

EXHIBIT P29(C) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S SON DATED 30.05.2013.

EXHIBIT P29(D) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S WIFE DATED 30.05.2013.

EXHIBIT P29(E) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER DATED 30.05.2013.

EXHIBIT P29(F) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S WIFE DATED 06.12.2013.

EXHIBIT P29(G) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S SON DATED 26.12.2013.

EXHIBIT P29(H) THE TRUE COPY OF THE ESSENTIALITY WPC 21040/16

CERTIFICATE ISSUED TO THE PETITIONER DATED 26.12.2013.

EXHIBIT P29(I) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER DATED 06.01.2014.

EXHIBIT P29(J) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S SON DATED 28.02.2014.

EXHIBIT P29(K) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S WIFE DATED 07.03.2014.

EXHIBIT P29(L) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER DATED 07.03.2014.

EXHIBIT P29(M) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER DATED 21.06.2014

EXHIBIT P29(N) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S SON DATED 02.07.2014.

EXHIBIT P29(O) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER DATED 11.07.2014.

EXHIBIT P29(P) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S SON DATED 18.08.2014

EXHIBIT P29(Q) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S WIFE DATED 01.09.2014.

EXHIBIT P29(R) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER DATED 01.09.2014.

EXHIBIT P29(S) THE TRUE COPY OF THE ESSENTIALITY WPC 21040/16

CERTIFICATE ISSUED TO THE PETITIONER'S WIFE DATED 07.11.2014.

EXHIBIT P29(T) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER DATED 07.11.2014.

EXHIBIT P29(U) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER DATED 07.11.2014.

EXHIBIT P29(V) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S WIFE DATED 10.11.2014

EXHIBIT P29(W) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S SON DATED 24.12.2014.

EXHIBIT P29(X) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S DAUGHTER DATED 24.12.2014.

EXHIBIT P29(Y) THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED TO THE PETITIONER'S SON DATED 24.12.2014.

EXHIBIT P30 TRUE COPY OF THE RTI REPLY ISSUED BY THE 1ST RESPONDENT DATED 03.10.2018 REGARDING QUERY ABOUT DISCIPLINARY PROCEEDINGS AGAINST THE 5TH RESPONDENT.

EXHIBIT P31 THE TRUE COPY OF THE SALARY CERTIFICATE OF THE PETITIONER DATED 26.11.2013.

EXHIBIT P32 THE TRUE COPY OF THE SALARY SLIP OF THE PETITIONER DATED 08.12.2014.

EXHIBIT P33 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE EMPLOYEE OF SD PHARMACY DATED 5TH FEBRUARY 2020.

EXHIBIT P34 THE PETITIONER IS ALSO SUBMITTED THE ORDER OF SD PHARMACY DATED WPC 21040/16

02.05.2019 REGARDING THE ORDER ALLOWING THE SUPER ANNUATION OF THE EMPLOYEE.

RESPONDENT'S/S EXHIBITS:

       EXHIBIT R1        NIL

       EXHIBIT R2        NIL

       EXHIBIT R2(A)     PHOTOCOPY OF THE OFFER OF
                         APPOINTMENT ORDER NO.

14/4/PERS/B6/HO DATED 24.07.1986 OF THE 2ND RESPONDENT.

EXHIBIT R2(B) PHOTOCOPY OF THE ORDER NO.

12/1/PERS/94/HO DATED 14.10.1994 OF THE 2ND RESPONDENT.

EXHIBIT R2(C) PHOTOCOPY OF THE ORDER PART-II-

NO.1961 DATED 30.12.1997 OF THE 2ND RESPONDENT.

EXHIBIT R2(D) PHOTOCOPY OF THE ORDER PART II NO.645 DATED 04.08.2009 OF THE SECRETARY,MPEDA.

EXHIBIT R2(E) PHOTO COPY OF THE JUDGMENT DATED 17.12.2015 IN WP(C) NO.38260 OF 2015 OF THIS HON'BLE COURT.

EXHIBIT R2(F) PHOTO COPY OF THE LETTER DATED 22.12.2015 OF THE DR.MAYA'S SD PHARMACY, ERNAKULAM.

EXHIBIT R2(G) PHOTO COPY OF THE PETITION DATED 07.10.2015 OF THE PETITIONER TO THE ASSISTANT POLICE COMMISSIONER, MATTANCHERRY.

EXHIBIT R2(H) PHOTO COPY OF THE NOTICE DATED 23.02.2016 ISSUED BY ADVOCATE MR. MATHEW JAMES.

EXHIBIT R2(I) PHOTO COPY OF THE AGENDA FOR THE 15TH MEETING OF THE MPEDA HELD AT BOMBAY ON 16.06.1978 ALONG WITH THE RESOLUTION DATED 16.06.1978. WPC 21040/16

EXHIBIT R2(J) PHOTO COPY OF THE AGENDA NOTE DATED 15.12.1979.

EXHIBIT R2(K) PHOTO COPY OF THE STANDING INSTRUCTIONS APPROVED ON 15.12.1979 CORRECTED UPTO 26.03.1999.

EXHIBIT R2(L) PHOTO COPY OF THE ORDER PART II NO.

696 DATED 30.06.2000 OF THE 2ND RESPONDENT.

EXHIBIT R2(M) PHOTO COPY OF THE OFFICE ORDER PART II NO.862 DATED 24.08.1998 OF THE 2ND RESPONDENT.

EXHIBIT R2(N) PHOTO COPY OF THE OFFICE ORDER PART II NO. 1984 DATED 11.02.2009 OF THE 2ND RESPONDENT.

EXHIBIT R2(O) PHOTO COPY OF THE OFFICE ORDER PART II NO. 5 DATED 09.04.2009 OF THE 2ND RESPONDENT.