Ranjini Gopalan vs State Of Kerala
2021 Latest Caselaw 676 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                        WP(C).No.551 OF 2021

PETITIONER:
              RANJINI GOPALAN
              ANGANWADI WORKER, (UNDER SUSPENSION)
              CHINDAKKI ANGANWADI, CENTRE NO:5, ATTAPPADI,
              AGALI GRAMA PANCHAYAT, PIN-678581.

              BY ADVS.
              SRI.K.C.SANTHOSHKUMAR
              SMT.M.M.DEEPA
              SMT.P.MAYA
RESPONDENTS:
       1     STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695001.

      2       THE DIRECTOR,
              WOMEN & CHILD DEVELOPMENT DEPARTMENT, POOJAPPURA,
              THIRUVANANTHAPURAM, PIN-695002.

      3       THE DISTRICT COLLECTOR,
              COLLECTORATE, PALAKKAD, PIN-678001.

      4       THE DISTRICT OFFICER,
              WOMEN & CHILD DEVELOPMENT DEPARTMENT, CIVIL STATION,
              PALAKKAD, PIN-678001.

      5       THE PROGRAMME OFFICER,
              DISTRICT LEVEL INTEGRATED CHILD DEVELOPMENT SERVICE
              SCHEME (ICDS),
              CIVIL STATION, PALAKKAD, PIN-678001.

      6       THE PROJECT OFFICER,
              INTEGRATED CHILD DEVELOPMENT SERVICE SCHEME (ICDS),
              ATTAPPADY, PALAKKAD, PIN-678581.

      7       SMT.SHRUTHI N.C.,
              ANGANWADI WORKER, CENTRE NO.4, VEERANNUR, PIN-678582.


              R1 TO R6 BY SRI. BIJOY CHANDRAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.551 OF 2021                    2




                                   JUDGMENT

Dated this the 8th day of January 2021

This writ petition is filed seeking the following reliefs:

(i) To issue a writ of certiorari calling for the records leading to Exhibit P10 show cause notice and quash the same.

(ii) To issue a writ of certiorari calling for the records leading to Exhibit P12 suspension order and quash the same

(iii) Issue writ of mandamus or any other appropriate writ, order or direction directing the respondents No:1 to 5 not to initiate any proceedings against the petitioner based on the report of the 6th respondent

(iv) Issue writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider and dispose off Exhibit P8 review submitted by the petitioner after affording the petitioner an opportunity of being heard.

2. Heard the learned Counsel for the petitioner and the learned

Government Pleader.

3. The learned Counsel for the petitioner submits that the 6 th

respondent, who had a personal animosity against the petitioner which

has been recorded by this Court in Ext.P6 judgment, has issued show

cause notice and passed an illegal order, placing the petitioner under

suspension. It is submitted that this Court, after considering the

personal dispute between the petitioner and the 6 th respondent, had

directed the 2nd respondent to take an appropriate decision in the matter.

It is submitted that the 6th respondent has again passed the order of

suspension only to spite her. It is submitted that as against Ext.P7

decision of the 2nd respondent, Ext.P8 Review Petition had also been filed

by the petitioner and that it is during the pendency of the same, that

Ext.P12 order has now been issued.

4. The learned Government Pleader submits that pursuant to

Ext.P6 Judgment of this Court, the issue had been considered by the 2 nd

respondent and Ext.P7 Order had been passed, directing disciplinary

action against the petitioner as well as the District Programme Officer. It

is submitted that it is pursuant thereto that Exts.P10 show cause notice

and P12 proceedings have been issued. It is submitted that in case the

Review Petition which is not even statutory in nature is being directed to

be considered, the issue of the show cause notice as well as the

suspension can also be considered by the 2nd respondent.

In view of the contention raised by the petitioner with regard to the

animosity against her by the 6th respondent and the fact that the

suspension order has been issued by the 6 th respondent, the 2nd

respondent is directed to take up Ext.P8 Review Petition preferred by the

petitioner and to consider the same in accordance with law. The legality

of Ext.P10 show cause notice and Ext.P12 order of suspension shall also

be considered by the 2nd respondent. Appropriate orders shall be passed

after hearing the petitioner through any appropriate means including

video conferencing, within a period of three weeks from the date of

receipt of a copy of this judgment. The petitioner shall produce a copy

of the judgment along with a copy of the writ petition before the 2 nd

respondent, for compliance.

Sd/-

ANU SIVARAMAN

JUDGE Bb/12/1/2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 29.01.2020 IN OA(EKM)NO.1803 OF 2020 OF THE KERALA ADMINISTRATIVE TRIBUNAL(ADDITIONAL BENCH, ERNAKULAM).

EXHIBIT P2 TRUE COPY OF THE ORDER NO:DLICDS/C-

329/2020 DATED 09.03.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO:ICDSB4/31531/19 DATED 16.03.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 04.04.2020 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO:ICDS/ATPDY/306/2020 DATED 26.05.2020 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 17.08.2020 IN W.P.(C)NO.9893 OF 2020.

EXHIBIT P7 TRUE COPY OF THE ORDER NO:ICDSB4/31531/19 DATED 23.10.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REVIEW PETITION DATED 17.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ACKNOWLEDGMENT CARD.

EXHIBIT P10 TRUE COPY OF THE SHOW CAUSE NOTICE NO.ICDS/ATPDY/306/2020 DATED 23.12.2020 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

EXHIBIT P11 TRUE COPY OF THE EXPLANATION DATED 02.01.2021 SUBMITTED BY THE PETITIONER ON 04.01.2021 BEFORE THE 6TH RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE ORDER NO:ICDS/ATPDY/306/2020 DATED 05.01.2021 ISSUED BY THE 6TH RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

[True copy]

P.A to Judge

Bb