Kottayam Textiles Employees ... vs State Of Kerala
2021 Latest Caselaw 15286 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                  &
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                       WP(C) NO. 39262 OF 2017
PETITIONERS:

    1     KOTTAYAM TEXTILES EMPLOYEES UNION(AITUC)
          VEDAGIRI, KURUMULLOR P.O.-686632, REPRESENTED BY ITS
          GENERAL SECRETARY, SRI.BINU BOSE.
    2     SRI.BINU BOSE
          GENERAL SECRETARY, KOTTAYAM TEXTILES EMPLOYEES UNION,
          REG.NO.85/70, VEDAGIRI, KURUMULLOR P.O.-686632.
    3     THE KERALA TEXTILES EMPLOYEES FEDERATION (AITUC)
          ACHUTHAMENON CENTRE, ALUVA, ERNAKULAM-683 101,
          REPRESENTED BY ITS GENERAL SECRETARY, SRI.VIJAYAN
          KUNISSERY.
          BY ADVS.
          SRI.A.JAYASANKAR
          SRI.MANU GOVIND
          SRI.S.SABARINADH


RESPONDENTS:

    1     STATE OF KERALA
          THROUGH ITS HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-01, REPRESENTED BY ITS PRINCIPAL
          SECRETARY.
    2     THE STATE OF KERALA
          THROUGH ITS FINANCE DEPARTMENT (FINANCE (INSPECTION
          NON-TECHNICAL WING) FOURTH FLOOR, CANTEEN COMPLEX,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01,
          REPRESENTED BY ITS ASSISTANT SECRETARY. (CORRECTED)
          (THE SECRETARY, FINANCE DEPARTMENT (FINANCE (INSPECTION
          NON-TECHNICAL WING) FOURTH FLOOR, CANTEEN COMPLEX,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01)
    3     THE STATE OF KERALA
          THROUGH ITS DEPARTMENT OF INDUSTRIES AND COMMERCE,
          NORTH BLOCK, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-01, REPRESENTED BY ITS ADDITIONAL
          CHIEF SECRETARY. (CORRECTED) (THE SECRETARY, DEPARTMENT
          OF INDUSTRIES AND COMMERCE, NORTH BLOCK, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM-01. (R2AND R3 OCCURING
          IN CAUSE TITLE IS CORRECTED AS PER ORDER DATED
          14/11/2017 IN IA.NO.20501/2017)
 W.P.(C) No.39262/2017               2


      4       THE KERALA STATE TEXTILE CORPORATION, "ANNAPOORNA",
              T.C.9/2000-01, KOCHAR ROAD, SASTHAMANGALAM,
              THIRUVANANTHAPURAM-10, REPRESENTED BY ITS MANAGING
              DIRECTOR.
      5       THE DIRECTOR (VIGILANCE ANTI CORRUPTION BUREAU)
              DIRECTORATE OF VIGILANCE & ANTI-CORRUPTION BUREAU,
              OPPOSITE VIKAS BHAVAN, BUS DEPOT, THIRUVANANTHAPURAM.
      6       THE SUPERINTENDENT OF POLICE (VIGILANCE ANTI CORRUPTION
              BUREAU)
              SPECIAL INVESTIGATION UNIT-1, POOJAPPURA,
              THIRUVANANTHAPURAM.
      7       THE DEPUTY DIRECTOR
              DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, COCHIN
              ZONAL OFFICE, 4TH FLOOR, THARAKANDAM CENTRE, BANARJEE
              ROAD,                 KOCHI-682018.
      8       SRI.M.GANESH
              CURRENTLY WORKING AS THE MANAGING DIRECTOR FO KERALA
              STATE TEXTILE CORPORATION "ANNAPOORNA", T.C.9/2000-01,
              KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-10)
              HAVING PERMANENT RESIDENCE AT "MANIPRIYA ILLAM", HOUSE
              NO.513, MILLENIUM NAGAR, KOTTAR, NAGERCOIL-2.
              BY ADVS.
              SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER FOR R1,
              R3, R5 & R6
              SRI.P.U.SHAILAJAN, STANDING COUNSEL, KERALA STATE
              TEXTILE CORPORATION LTD FOR R4
              SMT.C.G.PREETHA, CGC FOR R7



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.39262/2017                        3




                                       JUDGMENT

S.MANIKUMAR,CJ

Instant public interest writ petition is filed for a writ of certiorari, quashing

Exhibit P3 Government Order viz., G.O.(Rt.) No.1163/2015/ID dated 30.10.2015,

which is re-produced hereunder:

GOVERNMENT OF KERALA Abstract Industries Department - Appointment of Sri.M.Ganesh as Managing Director, Kerala State Textile Corporation and Sri.A.V.Rajan as Managing Director, Sitaram Textiles Ltd -Orders issued.

________________________________________________________________ INDUSTRIES(C) DEPARTMENT G.O (Rt) No.1163/2015/ID Dated, Thiruvananthapuram, 30.10.2015 ________________________________________________________________ Read: 1) G.O.(Rt)No.632/13/ID dated 09.05.2013

2) G.O.(Rt)No.1038/13/ID dated 16.08.2013

3) G.O.(Rt)No.888/15/ID dated 31.08.2015.

4)Lr.No.9874/B2/2015/Vig(iii) dated 03.09.2015 of Vigilance (B) Department O RDER

Government are pleased to reinstate Sri.M.Ganesh, former Managing Director, Kerala State Textile Corporation Ltd who has been placed under suspension as per the Government Order read as 1 st paper above, and to

appoint him as the Managing Director, Kerala State Textile Corporation, Thiruvananthapuram in the place of Sri.A.V.Rajan with immediate effect.

2) Sri.A.V.Rajan, the present Managing Director of Kerala State Textile Corporation is appointed as Managing Director, Sitaram Textiles Ltd, Thrissur on contract basis for a period of one year. The service of Sri.V.Kuriakose, present Managing Director, Sitaram Textiles Ltd, Thrissur is terminated forthwith.

By Order of the Governor, ERSHAD.M.S.

Under Secretary to Government."

2. Petitioner has sought for a writ of mandamus directing respondents 1 to 3

to consider Exhibit P4 representation dated 31.8.2017.

3. Short facts leading to the writ petition are as hereunder:

4. First and 3rd petitioners are registered Trade Unions, having most of its

members in the 4th respondent - The Kerala Textile Corporation,

Thiruvananthapuram, which is a Government Company. This writ petition is filed

by the petitioners against corruption, misfeasance in public office and exorbitant

loss occurred to the public exchequer and the 4 th respondent Corporation, at the

hands of one Mr.M.Ganesh, currently working as the Managing Director of Kerala

State Textile Corporation, Thiruvananthapuram, the 8th respondent.

4. Eighth respondent viz., M.Ganesh, was appointed as Managing Director of

the 4th respondent Corporation on 12.09.2007 vide G.O.(Rt.) 1103/2007/ID dated

21.08.2007, by the 3rd respondent - the Secretary, Department of Industries &

Commerce, Government Secretariat, Thiruvananthapuram, despite the fact that

the 8th respondent did not belong to any All India Services nor is he a permanent

resident of the State of Kerala.

5. In 2013, the 2nd respondent - Secretary, Finance Department (Finance

Inspection Non-Technical Wing) Government Secretariat, Thiruvananthapuram,

conducted a surprise inspection at all factories under the 4 th respondent

Corporation and an approximate loss of Rs.23,74,55,539/- at the hands of the 8 th

respondent, was detected and 8th respondent was immediately suspended from

service.

6. The alleged misappropriation has been affirmed by the findings in Exhibit

P1 Vigilance Enquiry Report. By Exhibit P2 Communication, 1 st respondent - State

of Kerala, represented by its Principal Secretary, Government Secretariat,

Thiruvananthapuram, recommended the 3rd respondent - the Secretary,

Department of Industries & Commerce, Thiruvananthapuram, to initiate

appropriate enquiry against the 8th respondent. However, without conducting any

enquiry, the 8th respondent was reinstated vide Exhibit P3 order by the 3 rd

respondent. Thereupon, 1st petitioner preferred Exhibit P4 representation dated

31.8.2017 against this arbitrariness and illegal action of the 3 rd respondent and

also, by Exhibit P5 complaint dated 4.10.2017, prosecution under the Prevention

of Money Laundering Act, 2002 was also sought for by the 3 rd petitioner.

7. According to the petitioners, the above said act of the 3 rd respondent has

created a situation of licensed corruption, at the cost of exorbitant monetary loss

to the public at large and the public exchequer, which is quite arbitrary and illegal

to the rule of law. Hence,this public interest writ petition is filed.

8. Perusal of the impugned order shows that appointment of the 8 th

respondent as Managing Director of 4th respondent - Kerala State Textile

Corporation, was only for a period of one year on contract basis. No materials are

produced before this Court to show that such appointment has been extended

further. Even though, it is a matter of challenge, as the period has already

elapsed, nothing survives in this writ petition for adjudication. Therefore, the

instant public interest writ petition is dismissed.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

                                                       SHAJI P.CHALY

smv                                                          JUDGE




                        APPENDIX OF WP(C) 39262/2017

PETITIONER EXHIBITS
EXHIBIT P1-               A TRUE PHOTOCOPY OF THE VIGILANCE ENQUIRY

REPORT NO.VE.05/2013/SIU-1 DATED 31/12/2014.

EXHIBIT P2-               A TRUE PHOTOCOPY OF THE LETTER
                          NO.3493/B1/15/VIG. DATED 07/05/2015 BY THE
                          1ST RESP0NDENT TO THE 3RD RESPONDENT.
EXHIBIT P3-               A TRUE PHOTOCOPY OF THE G.O.(RT.)1163/2015/ID
                          DATED 30/10/2015 ISSUED BY THE 3RD
                          RESPONDENT.
EXHIBIT P4-               A TRUE PHOTOCOPY OF THE SERIES OF

REPRESENTATIONS DATED 31/08/2017 PREFERRED BY THE PETITIONER WITH RESPONDENTS NO.1-3 AND ITS PROOF OF DELIVERY.

EXHIBIT P5- A TRUE PHOTOCOPY OF THE COMPLAINT FILED BY THE PETITIONER WITH THE 7TH RESPONDENT.

EXHIBIT P6- A TRUE PHOTOCOPY OF THE LETTER NO.RTI-

29182/17 DATED 23/09/2017 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, VIGILANCE & ANTI- CORRUPTION BUREAU TO THE 2ND PETITIONER.