K.Baburaj vs Kerala State Financial ...
2021 Latest Caselaw 14559 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                      WP(C) NO. 12015 OF 2021
PETITIONER:

            K.BABURAJ
            AGED 55 YEARS
            S/O. KUNHAMMAR AMMA, "SHIVAM", NEAR S.S.
            KALAMANDIR, NILESWARAM, KASARAGOD-671314.

            BY ADVS.
            S.M.PREM
            G INDUCHUDAN



RESPONDENTS:

            KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
            REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA,
            MUSEUM ROAD, THRISSUR-680020.

            BY ADVS.
            M.GOPIKRISHNAN NAMBIAR
            K.JOHN MATHAI
            JOSON MANAVALAN
            KURYAN THOMAS
            PAULOSE C. ABRAHAM
            RAJA KANNAN




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    14.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12015 OF 2021           2

                           JUDGMENT

The petitioner, who is admitted to be under

orders of termination from the services of Kerala

State Financial Enterprises Limited (KSFE) on

account of certain allegations that were imputed

against him while working as a Manager Gr.IV, has

approached this Court primarily alleging that even

though his statutory Appeal, namely Ext.P26, was

preferred by the Board of Directors of the KSFE as

early as on 08/12/2020, no action has been taken

thereon, though the Board met several times

thereafter. Shri.S.M.Prem, learned counsel for the

petitioner, therefore, prays that Ext.P24 order of

termination be interdicted and that the Board of

Directors of the KSFE be directed to take up

Ext.P26 Appeal and dispose it of within a time

frame.

2. Shri.M.Gopikrishnan Nambiar, learned

Standing Counsel appearing for the respondent,

submitted that he has no instructions whether

Ext.P26 is still pending; but offered that if it

is so, then there does not appear to be any legal

impediment in the same being considered and

disposed of as per the applicable Rules, within

the shortest time frame. He, however, prayed that

in the interregnum, Ext.P24 may not be

interdicted, because the allegations against the

petitioner are very grievous and have been already

proved in an enquiry.

3. Though I am in favour of the submissions

made by Shri.S.M.Prem with respect to non-

consideration of Ext.P26 Appeal, I am not inclined

to accede to his request that Ext.P24 be

immediately interdicted. This is because, if this

Court interdicts Ext.P24, then the appellate

proceedings will come under a cloud and the Board

of Directors will certainly find difficult to

dispose it of as per law.

4. I am, therefore, of the certain opinion

that Ext.P26 should now gain the attention of the

Board of Directors of the KSFE and that orders

thereon should be issued within a time frame,

failing which the petitioner would certainly be

justified in making a request for being reinstated

in service.

Resultantly, this writ petition is ordered to

the limited extent of directing the Board of

Directors of the KSFE to take up Ext.P26 statutory

Appeal, stated to be pending before it at the

behest of the petitioner; and dispose of the same,

after affording him all necessary opportunities as

per the applicable Rules and Regulations - thus

culminating in an appropriate order thereon as

expeditiously as is possible, but not later than

two months from the date of receipt of a copy of

this judgment.

I make it clear that, if, for any reason, the

Board of Directors do not comply with the afore

directions and Ext.P26 is not disposed of within

the time frame granted above, then the petitioner

would stand immediately reinstated on the expiry

of the said term.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/15.7

APPENDIX OF WP(C) 12015/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF MEMO NO.48236 DATED 29/10/2018 ISSUED BY RESPONDENT SUSPENDING THE PETITIONER FROM SERVICE.

Exhibit P2 TRUE COPY OF REPRESENTATION DATED 09/11/2018 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.

Exhibit P3 TRUE COPY OF THE MEMO OF CHARGES NO.48236 DATED 18/03/2019 SERVED BY RESPONDENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF MEMO DATED 28/03/2019 ISSUED BY RESPONDENT GRANTING TIME FOR EXPLANATION TO EXHIBIT P3.

Exhibit P5 TRUE COPY OF EXPLANATION DATED 27/04/2019 SUBMITTED BY THE PETITIONER TO THE MEMO OF CHARGES.

Exhibit P6 TRUE COPY OF MEMO DATED 28/05/2019 ISSUED BY RESPONDENT APPOINTING THE ENQUIRY OFFICER AND THE PRESENTING OFFICER FOR THE MANAGEMENT.

Exhibit P7 TRUE COPY OF NOTICE NO. DE 01/2019 DATED 17/06/2019 ISSUED BY THE ENQUIRY OFFICER.

Exhibit P8 TUE COPY OF LIST OF DOCUMENTS PRODUCED BY PETITIONER ON 12/12/2019 BEFORE THE ENQUIRY OFFICER.

Exhibit P9 TRUE COPY OF LIST OF WITNESSES PRODUCED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 10/02/2020 PASSED IN WPC NO.1907/2020.

Exhibit P11 TRUE COPY OF THE CHIEF AFFIDAVIT OF MW1, THE PRESENTING OFFICER OF THE RESPONDENT-MANAGEMENT.

Exhibit P12 TRUE COPY OF THE DEPOSITION OF MW1 IN CROSS EXAMINATION BY THE PETITIONER.

Exhibit P13 TRUE COPY OF EXHIBIT A8 AUDIT QUERY (SPECIAL REPORT) NO. B KNR-2/372/2017-01 PREPARED BY SRI. P. VIJAYAN, SENIOR MANAGER, IN THE RGIONAL OFFICE OF KSFE AT KANNUR-MW2.

Exhibit P14 TRUE COPY OF THE DEPOSITION OF MW2 SRI.

P. VIJAYAN.

Exhibit P15 TRUE COPY OF THE FINAL AUDIT REPORT NO.

6372/I.A. AND V/H.O. DATED 18/11/2018 MARKED AS EXHIBIT B6, IN THE ENQUIRY.

Exhibit P16 TRUE COPY OF PETITIONER'S PROOF AFFIDAVIT DATED 15/02/2020 FILED IN LIEU OF CHIEF EXAMINATION.

Exhibit P17 TRUE COPY OF THE DEPOSITION OF THE PETITIONER IN THE CROSS EXAMINATION CONDUCTED ON 25/02/2020 BY THE RESPONDENT'S COUNSEL.

Exhibit P18 TRUE COPY OF THE DEPOSITION OF DW2- SRI.

C. CHANDRAN.

Exhibit P19 TRUE COPY OF THE RESPONDENT'S MEMO NO.48236 DATED 04/06/2020 RECEIVED BY THE PETITIONER.

Exhibit P20 TRUE COPY OF THE DOMESTIC ENQUIRY REPORT FORWARDED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P21 TRUE COPY OF THE REMARKS AND EXPLANATION DATED 12/06/2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENT AGASINST EXHIBIT P20 ENQUIRY REPORT.

Exhibit P22 TRUE COPY OF MEMO NO.48236 DATED 07/08/2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P23 TRUE COPY OF THE PETITIONER'S EXPLANATION DATED 17/08/2020 SUBMITTED

TO THE RESPONDENT.

Exhibit P24 TRUE COPY OF THE MEMO NO. 48236 DATED 16/10/2020 ISSUED BY THE RESPONDENT TERMINATING THE SERVICE OF THE PETITIONER IN KSFE WITH RETROSPECTIVE EFFECT FROM 29/10/2018 MULCTING THE PETITIONER WITH ARBITRARY HUGE LIABILITY.

Exhibit P25 TRUE COPY OF THE JUDGMENT DATED 07/12/2020 PASSED IN WPC NO.23176/2020.

Exhibit P26 TRUE COPY OF APPEAL MEMORANDUM DATED 08/12/2020 FILED BY THE PETITIONER UNDER ORDER 39 OF THE STANDING ORDERS OF KSFE AGAINST EXHIBIT P24 BEFORE THE BOARD OF DIRECTORS.