Sajeeb. A vs Kerala State Financial ...
2021 Latest Caselaw 6076 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.4335 OF 2021(N)


PETITIONER:

                 SAJEEB. A
                 AGED 43 YEARS
                 EMPLOYEE CODE NO.4857, SPECIAL GRADE ASSISTANT, KERALA STATE
                 FINANCIAL ENTERPRISES LTD., LOAN UNIT, ALAPPUZHA.

                 BY ADVS.
                 DR.K.P.SATHEESAN (SR.)
                 SRI.P.MOHANDAS (ERNAKULAM)
                 SRI.K.SUDHINKUMAR
                 SRI.S.K.ADHITHYAN
                 SRI.SABU PULLAN
                 SRI.GOKUL D. SUDHAKARAN

RESPONDENTS:

       1         KERALA STATE FINANCIAL ENTERPRISES LTD
                 REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA,
                 THRISSUR-680020.

       2         THE BOARD DIRECTORS,
                 REPRESENTED BY ITS CHAIRMAN, KERALA STATE FINANCIAL
                 ENTERPRISES LTD., BHADRATHA, THRISSUR-680020.

       3         THE MANAGING DIRECTOR,
                 KERALA STATE FINANCIAL ENTERPRISES LTD.,
                 BHADRATHA, THRISSUR-680020.


OTHER PRESENT:

                 SRI. M.GOPIKRISHNAN NAMBIAR - SC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4335 OF 2021(N)

                                      2




                                 JUDGMENT

Even though various allegations, averments and assertions

have been made and urged by the petitioner in this case, when

this matter was called today, the learned counsel confined his

plea that Ext.P4 Statutory Appeal filed by the petitioner against

Ext.P3 Memo be directed to be taken up and disposed of by the

2nd respondent - Board of Directors of the 1st respondent -

Kerala State Financial Enterprises Ltd (KSFE), within a time

frame to be fixed by this Court.

In response, the learned Standing Counsel for the

respondent - Sri.Gopikrishnan Nambiar, submitted that there is

no legal impediment in Ext.P4 Appeal being taken up and

disposed of; but prayed that this Court may not make any

affirmative declarations as to the entitlement of the petitioner to

any relief and leave it to the competent Authority to take a

decision on it in terms of law.

In the afore circumstances, I order this writ petition and

direct the 2nd respondent to take up Ext.P4 Appeal filed by the

petitioner and to dispose of the same, after affording an

opportunity of being heard to the him - either physically or WP(C).No.4335 OF 2021(N)

through video conferencing - leading to an appropriate decision

thereon, as expeditiously as is possible but not later than three

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

Needless to say, until such time as the afore exercise is

completed and the resultant order communicated to the

petitioner, all action pursuant to Ext.P3, to recover amounts

from the petitioner, will stand deferred.

SD/-

                                          DEVAN RAMACHANDRAN

rp                                                JUDGE
 WP(C).No.4335 OF 2021(N)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE ORDER OF SUSPENSION ISSUED BY

THE 3RD RESPONDENT AS PER MEMO DATED 7.8.2014.

EXHIBIT P2 TRUE COPY OF THE MEMO OF CHARGES GIVEN TO THE PETITIONER AS REFERENCE NO.50371 DATED 30.12.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE MEMO ISSUED BY THE 3RD RESPONDENT AS REFERENCE NO.50371 DATED 5.10.2020.

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.10.2020.