Kerala High Court
K.Sunil Kumar vs Food Corporation Of India on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.14827 OF 2020(C)
PETITIONER:
K.SUNIL KUMAR
AGED 49 YEARS
S/O.LATE K.KOLAVAN, ASSISTANT GRADE I(GENERAL), FOOD
CORPORATION OF INDIA, DIVISIONAL OFFICE, PALAKKAD.
BY ADVS.
SRI.N.K.SUBRAMANIAN
SHRI.ABRAHAM MATHAN
RESPONDENTS:
1 FOOD CORPORATION OF INDIA,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
HEADQUARTERS, 16-20, BARAKHAMBA LANE, NEW DELHI-110001.
2 THE GENERAL MANAGER (KERALA),
FOOD CORPORATION OF INDIA, REGIONAL OFFICE, KESAVADASAPURAM,
THIRUVANANTHAPURAM-695004.
3 THE DIVISIONAL MANAGER,
FOOD CORPORATION OF INDIA, DIVISIONAL OFFICE, WEST HILL,
KOZHIKODE-5.
4 THE MANAGER (MOVEMENT)/
CONTROLLING OFFICER, FOOD CORPORATION OF INDIA, DIVISIONAL
OFFICE, WEST HILL, KOZHIKODE-5.
5 THE DIVISIONAL MANAGER,
FOOD CORPORATION OF INDIA, DIVISIONAL OFFICE, PALAKKAD-
678731.
BY SRI.JOSE KURIAKOSE, SC, FCI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14827 OF 2020(C)
2
JUDGMENT
The petitioner, who is stated to be working as an Assistant
Grade - I in the services of the 1st respondent - Food Corporation
of India (FCI), has approached this Court seeking a direction to
the 3rd respondent - Divisional Manager of the FCI, to pay him the
salary withheld for the period from 01.09.2019 to 31.10.2019.
2. According to the petitioner, these amounts have been
unfairly withheld from him and that, in fact, through Ext.P14
order dated 11.11.2019, General Manager of the FCI has
recommended that his salary for the period in question be paid.
The petitioner, therefore, prays that Ext.P4 order, which denies
him this benefit, be set aside and the 3 rd respondent be directed
to pay him the salary within a time frame to be fixed by this
Court, along with interest, for having withheld the amount
without authority.
3. In response to the afore submissions made on behalf of
the petitioner by his learned counsel, Sri.Abraham Mathan, the
learned Standing Counsel for the FCI, Sri.Jose Kuriakose,
submitted that this writ petition is vitiated on account of
suppression of various material facts. He submitted that the
WP(C).No.14827 OF 2020(C)
petitioner had availed of leave on 30.08.2019, as also on
31.08.2019 and that when he reported for duty on 02.09.2019, he
was served with a transfer order, which he refused to accept and
therefore, that his salary for the two months, when he kept away
from service cannot be paid to him. He submitted that, in fact, a
disciplinary action against the petitioner, on these allegations,
has already been commenced and that his salary for the two
months in question will be paid, subject to the result of the said
enquiry. He therefore, prayed that this writ petition be dismissed.
4. Even when I hear Sri.Jose Kuriakose on the afore lines,
the fact remains that the question whether the petitioner had
refused to accept his transfer order and whether he had
absconded from his duties are all matters which will have to be
considered and decided in the enquiry, which is stated to be now
pending against him.
5. However, I am of the firm view that this by itself would
not be a sufficient cause to deny him the salary for the two
months in question, particularly when he is still in service and
will be possible for the FCI to recover it, if it becomes so
necessary in future.
WP(C).No.14827 OF 2020(C)
6. I am therefore, of the opinion that this writ petition
deserves to be allowed on condition that the FCI will be at liberty,
as may be available to them in law, to recover the salary for these
two months, if it is so found necessary, after the disciplinary
proceedings against the petitioner is concluded.
Resultantly, this writ petition will stand allowed, with a
direction to the 3rd respondent to pay salary to the petitioner for
the period from 01.09.2019 to 31.10.2019; on the specific
condition that the FCI will be at liberty, as they are entitled as
per the applicable Rules and Regulations, to recover these
amounts, if it is so found warranted after the enquiry proceedings
are completed.
Needless to say, the petitioner will be fully entitled to
challenge the disciplinary proceedings as he may be advised, and
that the directions afore, will apply only subject to such rights.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.14827 OF 2020(C)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SAID TRANSFER/RELIEVING
ORDER BEARING NO.ESTT.3(2)/2019 DATED 30.8.2019.
EXHIBIT P2 THE TRUE COPY OF THE LEAVE APPLICATION DATED
2.9.2019.
EXHIBIT P3 THE TRUE COPY OF THE NOTE DATED 25.9.2019.
EXHIBIT P4 THE TRUE COPY OF THE BITE ESTT.3(2)/2019 DATED
28.9.2019.
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED
1.10.2019.
EXHIBIT P6 THE TRUE COPY OF THE REQUEST DATED 4.10.2019.
EXHIBIT P7 THE TRUE COPY OF THE OFFICE ORDER
NO.ESTT.9(1)/2019 DATED 13.9.2019.
EXHIBIT P8 THE TRUE COPY OF THE RELEVANT ATTENDANCE
CERTIFICATE ISSUED BY THE MANAGER (DEPOT), FSD,
KUTTIPPURAM FOR THE MONTH OF SEPTEMBER 2019.
EXHIBIT P9 THE TRUE COPY OF THE RELEVANT ATTENDANCE
CERTIFICATE ISSUED BY THE MANAGER (DEPOT), FSD,
KUTTIPPURAM FOR THE MONTH OF OCTOBER 2019.
EXHIBIT P10 THE TRUE COPY OF REPRESENTATION DATED 9.10.2019.
EXHIBIT P11 THE TRUE COPY OF REPRESENTATION DATED 1.11.2019.
EXHIBIT P12 THE TRUE COPY OF THE REPRESENTATION DATED
7.11.2019.
EXHIBIT P13 THE TRUE COPY OF THE OFFICE ORDER
NO.116/ESTT.I/2019 DATED 8.11.2019.
EXHIBIT P14 THE TRUE COPY OF THE LETTER NO.ESTT.36(1)/2019
DATED 11.11.2019 ORDER FOR RELEASING THE SALARY.
EXHIBIT P15 THE TRUE COPY OF THE OFFICE NOTE FILE IN THIS
REGARD, OBTAINED BY THE PETITIONER ON
APPLICATION, ORDER.
WP(C).No.14827 OF 2020(C)
EXHIBIT P16 THE TRUE COPY OF EMAIL DATED 16.12.2019 SENT BY
THE 3RD RESPONDENT TO HIS COUNTERPART IN
PALAKKAD.
EXHIBIT P17 THE TRUE COPY OF LETTER NO.ACCTS/IOGA/19-20/SC17-
SC13/05 DATED 10.3.2020 ISSUED BY THE OFFICE OF
THE 5TH RESPONDENT TO THE OFFICE OF THE 3RD
RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R(a) A TRUE COPY OF THE SHOW CAUSE NOTICE
DT.25.10.2019 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
EXHIBIT R(b) A TRUE COPY OF THE ACKNOWLEDGEMENT DT. 17.12.2019
OF THE ON RECEIPT OF THE SHOW CAUSE NOTICE.
EXHIBIT R(c) A TRUE COPY OF THE ATTENDANCE REGISTER FOR THE
MONTH OF SEPTEMBER, OCTOBER AND NOVEMBER 2019.
EXHIBIT R(d) A TRUE COPY OF THE TRANSFER POLICY GUIDELINES
ISSUED BY THE HEADQUARTERS VIDE CIRCULAR NO.EP-
03-2014-05 DT. 12.02.2014.
EXHIBIT R(e) A TRUE COPY OF THE MASS REPRESENTATION LETTER
NO:ESTT/21(1)/2013 DT. 05.12.2013.
EXHIBIT R(f) A TRUE COPY OF THE LETTER DT.04.12.2019 ISSUED BY
THE DIVISIONAL OFFICE KOZHIKODE REGARDING THE
ACTION TAKEN REPORT OF RELEASE OF SALARY OF THE
PETITIONER.
EXHIBIT R(g) A TRUE COPY OF THE DOCUMENT SHOWING THE DETAILS
OF DISBURSAL OF SALARY FOR THE MONTH OF SEPTEMBER
2019.
EXHIBIT R(h) A TRUE COPY OF THE DOCUMENT SHOWING THE DETAILS
OF DISBURSAL OF SALARY FOR THE MONTH OF OCTOBER
2019.
