Kerala High Court
Vipin Das V vs Kerala State Beverages (M And M) ... on 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.1275 OF 2021(H)
PETITIONERS:
1 VIPIN DAS V.
AGED 35 YEARS, SHOP - IN -CHARGE, FL1 SHOP NO. 9014,
THANAVU, KSBC LTD, PALAKKAD.
2 ARUN K.N
SHOP-IN-CHARGE, FL1 SHOP NO. 9027, MUDAPPALLUR,
KSBC LTD, PALAKKAD.
3 GIRISH S
SHOP-IN-CHARGE, FL1 SHOP NO. 9001, MUDAPPALLUR,
KSBC LTD, PALAKKAD.
4 BABU S
SHOP-IN-CHARGE, FL1 SHOP NO. 9028, MUDAPPALLUR,
KSBC LTD, PALAKKAD.
BY ADVS.
SRI.DEEPU THANKAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR
RESPONDENTS:
1 KERALA STATE BEVERAGES (M AND M) CORPORATION LTD.
BEVCO TOWER, VIKASHBHAVAN, PALAYAM,
THIRUVANANTHAPURAM - 695033, REPRESENTED BY ITS
MANAGING DIRECTOR.
2 MANAGING DIRECTOR,
KERALA STATE BEVERAGES (M AND M) LTD, BEVCO TOWER,
VIKASHBAVAN, PALAYAM, THIRUVANANTHAPURAM - 695033,
3 REGIONAL MANAGER
KERALA STATE BEVERAGES (M AND M) CORPORATION LTD,
PALAKKAD - 686001.
4 REGIONAL MANAGER (N2)
REGIONAL OFFICE NORTH 2, KERALA STATE BEVERAGES
(M AND M) CORPORATION LTD, KOZHIKODE - 673001.
SRI.T NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, ALONG WITH WP(C).1280/2021(H), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.1275 & 1280 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.1280 OF 2021(H)
PETITIONERS:
1 SREEJITH V.S.
AGED 35 YEARS, SHOP-IN-CHARGE, FL1 SHOP NO.9007,
FORT MAIDAN, KSBC LTD., PALAKKAD.
2 SREENIVASAN.M,
SHOP-IN-CHARGE, FL1 SHOP NO.9007, FORT MAIDAN,
KSBC LTD., PALAKKAD.
BY ADVS.
SRI.DEEPU THANKAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR
RESPONDENTS:
1 KERALA STATE BEVERAGES (M AND M) CORPORATION LTD.
BEVCO TOWER, VIKASBHAVAN, PALAYAM,
THIRUVANANTHAPURAM-695033, REP. BY ITS MANAGING
DIRECTOR.
2 MANAGING DIRECTOR,
KERALA STATE BEVERAGES (M AND M) LTD., BEVCO TOWER,
VIKASBHAVAN, PALAYAM, THIRUVANANTHAPURAM-695033.
3 REGIONAL MANAGER,
KERALA STATE BEVERAGES (M AND M) CORPORATION LTD.,
PALAKKAD-686001.
4 REGIONAL MANAGER (N2),
REGIONAL OFFICE NORTH 2, KERALA STATE BEVERAGES (M
AND M) CORPORATION LTD., KOZHIKODE-673001.
T. NAVEEN SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, ALONG WITH WP(C).1275/2021(H), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.1275 & 1280 OF 2021
3
JUDGMENT
[ WP(C).1275/2021, WP(C).1280/2021 ]
Dated this the 22nd day of January 2021
These writ petitions are filed challenging orders passed in
disciplinary proceedings against the petitioners who are shop-in-
charge under the 1st respondent Corporation.
2. It is submitted that enquiry proceedings had been initiated
against them on the ground that the shops entrusted to them had not
been opened on a day when harthal had been declared in the State. It
is submitted by the learned counsel for the petitioners that the
punishment of barring of increment without cumulative effect has
been imposed against the petitioners without serving a copy of the
enquiry report on the petitioners.
3. The learned counsel appearing for the respondents submits that
though a show-cause notice had been issued to the petitioners, the
petitioners have not sought for serving of a copy of the enquiry report
and had submitted their replies without the aid of such enquiry report.
It is submitted that since the penalty imposed is a minor penalty, the
detailed procedure is not required to be complied with.
WP(C).Nos.1275 & 1280 OF 2021
4. Having considered the contentions advanced, I find that an
enquiry had been conducted against the petitioners. In view of the fact
that a full fledged enquiry was conducted and an enquiry report was
generated, I am of the opinion that the imposition of the punishment
without serving the enquiry report on the petitioners was not proper
and the petitioners who had participated in the enquiry were entitled
to a copy of the enquiry report before the decision to impose the
punishment on them was taken by the respondents.
5. In the above view of the matter, the orders imposing penalty are
set aside. There will be a direction to the respondents to serve a copy
of the enquiry report on the petitioners and to consider their
objections thereto before finalizing the proceedings with regard to the
punishment to be imposed on them. Orders shall be passed as
expeditiously as possible.
These writ petitions are ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).Nos.1275 & 1280 OF 2021
APPENDIX OF WP(C) 1275/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NEWS ITEM OF MALAYALA
MANORAMA DAILY ON 17.10.2018.
EXHIBIT P2 TRUE COPY OF THE NEWS ITEM OF MALAYALA
MANORAMA DAILY ON 18.10.2018.
EXHIBIT P3 TRUE COPY OF THE NEWS ITEM OF DESHABIMANI
DAILY ON 18.10.2018.
EXHIBIT P4 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
TO THE FIRST PETITIONER DATED 25.10.2018
ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
TO THE SECOND PETITIONER DATED 25.10.2018
ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
TO THE THIRD PETITIONER DATED 25.10.2018
ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
TO THE FOURTH PETITIONER DATED 25.10.2018
ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE CHARGE MEMO DATED
07.01.2019 ISSUED BY THE SECOND
RESPONDENT TO THE FIRST PETITIONER.
EXHIBIT P9 TRUE COPY OF THE STATEMENT OF ALLEGATION
DATED 07.01.2019 ISSUED BY THE SECOND
RESPONDENT TO THE FIRST PETITIONER.
EXHIBIT P10 TRUE COPY OF THE ORDER REPLY SUBMITTED BY
THE FIRST PETITIONER DATED 02.02.2019.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE SECOND
RESPONDENT DATED 24.04.2019 ISSUED TO THE
PETITIONERS.
EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 04.05.2019
ISSUED TO THE PETITIONERS BY THE FOURTH
RESPONDENT.
WP(C).Nos.1275 & 1280 OF 2021
EXHIBIT P13 TRUE COPY OF THE SHOWCAUSE NOTICE DATED
12.05.2020 ISSUED BY THE SECOND
RESPONDENT ALONG WITH LAST PAGE O N THE
ENQUIRY REPORT TO THE SECOND PETITIONER.
EXHIBIT P14 TRUE COPY OF THE ORDER ISSUED BY SECOND
RESPONDENT DATED 04.01.2021 TO THE FIRST
PETITIONER.
EXHIBIT P15 TRUE COPY OF THE ORDER ISSUED BY SECOND
RESPONDENT DATED 04.01.2021 TO THE SECOND
PETITIONER.
EXHIBIT P16 TRUE COPY OF THE ORDER ISSUED BY SECOND
RESPONDENT DATED 04.01.2021 TO THE THIRD
PETITIONER.
EXHIBIT P17 TRUE COPY OF THE ORDER ISSUED BY SECOND
RESPONDENT DATED 04.01.2021 TO THE FOURTH
PETITIONER.
RESPONDENT'S/S EXHIBITS: NIL
WP(C).Nos.1275 & 1280 OF 2021
APPENDIX OF WP(C) 1280/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NEWS ITEM OF MALAYALA
MANORAMA DAILY ON 17.10.2018.
EXHIBIT P2 TRUE COPY OF THE NEWS ITEM OF MALAYALA
MANORAMA DAILY ON 18.10.2018.
EXHIBIT P3 TRUE COPY OF THE NEWS ITEM OF DESHABIMANI
DAILY ON 18.10.2018.
EXHIBIT P4 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
TO THE FIRST PETITIONER DATED 25.10.2018 BY
THE FIRST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
TO THE SECOND PETITIONER DATED 25.10.2018
BY THE FIRST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE CHARGE MEMO DATED
07.01.2019 ISSUED BY THE SECOND RESPONDENT
TO THE FIRST PETITIONER.
EXHIBIT P7 TRUE COPY OF THE STATEMENT OF ALLEGATION
DATED 07.01.2019 ISSUED BY THE SECOND
RESPONDENT TO THE FIRST PETITIONER.
EXHIBIT P8 TRUE COPY OF THE ORDER ISSUED BY THE SECOND
RESPONDENT DATED 15.05.2019 TO THE FIRST
PETITIONER.
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 18.07.2019
ISSUED TO THE PETITIONERS.
EXHIBIT P10 TRUE COPY OF THE SHOW-CAUSE NOTICE DATED
08.05.2020 ISSUED BY THE SECOND RESPONDENT
ALONG WITH LAST PAGE ON THE ENQUIRY REPORT
TO THE SECOND PETITIONER.
EXHIBIT P11 TRUE COPY OF THE ORDER ISSUED BY SECOND
RESPONDENT DATED 14.12.2020 TO THE FIRST
PETITIONER.
EXHIBIT P12 TRUE COPY OF THE ORDER ISSUED BY SECOND
RESPONDENT DATED 14.12.2020 TO THE SECOND
PETITIONER.
RESPONDENT'S/S EXHIBITS: NIL
