S.Suresh Kumar vs Kerala State Bamboo Corporation
2021 Latest Caselaw 15510 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                      WP(C) NO. 13613 OF 2021
PETITIONER :-

            S.SURESH KUMAR,
            GEETHANJALI, DEVAR VILAKAM, AYANIMOOD,
            VEDIVECHAN KOVIL P.O., THIRUVANANTHAPURAM-695 501,
            (DEPOT FIELD ASSISTANT, UNDER ORDERS OF DISMISSAL
            KERALA STATE BAMBOO CORPORATION LTD.).

            BY ADV N.SASIDHARAN UNNITHAN


RESPONDENTS :-

    1       KERALA STATE BAMBOO CORPORATION,
            REPRESENTED BY THE MANAGING DIRECTOR,
            ANGAMALI SOUTH, ERNAKULAM DISTRICT-683 572.

    2       MANAGING DIRECTOR,
            KERALA STATE BAMBOO CORPORATION, ANGAMALI SOUTH,
            ERNAKULAM DISTRICT-683 572.

    3       THE MANAGER,
            KERALA STATE BAMBOO CORPORATION,
            REGIONAL OFFICE, THYCAUD,
            THIRUVANANTHAPURAM-695 014.

            BY SMT.LATHA ANAND, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13613 OF 2021

                                         -: 2 :-


                                 JUDGMENT

Dated this the 23rd day of July, 2021

This writ petition is filed seeking the following reliefs :-

"(i) Call for the records leading Exhibits P9 order of dismissal of the petitioner from service and quash the same by issuing a writ of certiorari.

(ii) Issue a writ of mandamus or any other writ, order or direction directing the 2nd respondent to re-instate the petitioner in service with continuity of service and back wages.

(iii) Issue a writ of mandamus or any other writ, order or direction directing the 2nd respondent to consider and pass appropriate orders on Exhibit P11 review petition after furnishing the documents relied on, and also after hearing the petitioner, within a time limit prescribed by this Honourable Court."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent Corporation.

3. It is submitted by the learned counsel for the petitioner

that the petitioner was a Depot Field Assistant under the 1 st

respondent and disciplinary proceedings had been taken against him

by Ext.P1, alleging a complaint regarding posting of a defamatory

statement in social media against a Director of the 1 st respondent. It

is submitted that though the petitoner had submitted due

representations, by Ext.P9 order the petitioner's services had been WP(C) NO. 13613 OF 2021

terminated. The petitioner has preferred Ext.P11 review petition and

seeks a consideration of the same.

4. In view of the fact that the only prayer pressed before this

Court is for a consideration of Ext.P11, there will be a direction to the

respondents to take up, consider and pass appropriate orders on

Ext.P11 review petition preferred by the petitioner, after hearing the

petitioner and after considering the specific contentions raised by the

petitioner including with regard to his right to express opinions

through social media and his contention that the said expression,

even if admitted, had nothing to do with his conduct as an employee

of the 1st respondent. The specific contention raised by the petitioner

that the penalty imposed is grossly disproportionate to the alleged

misconduct shall also be specifically taken note of while passing

orders on Ext.P11. Orders shall be passed after hearing the

petitioner through any appropriate means, including video

conferencing, within a period of two months from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/26.7.2021 WP(C) NO. 13613 OF 2021

APPENDIX OF WP(C) 13613/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE NO.KSBC/MD/OFFICE ORDER/2020-21/191 DATED 24.06.2020 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE EXPLANATION OF THE PETITIONER DATED 18.07.2020.

Exhibit P3 TRUE COPY OF THE ENQUIRY REPORT DATED 03.11.2020.

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE NO.KSBC/MD/2020-21/929 DATED 01.02.2021 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 20.02.2021 OF THE PETITIONER SENT TO THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 27.02.2021 OF THE PETITIONER SENT TO THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 10.03.2021 IN WPC NO.6165/2021 OF THIS HONOURABLE COURT.

Exhibit P8 TRUE COPY OF THE LETTER DATED 03.04.2021 OF THE PETITIONER SENT TO THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE OFFICER ORDER NO.KSBC/MD/2021-

22/81 DATED 5.5.2021 OF THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE CONDUCT, DISCIPLINE AND APPEAL RULES OF THE BAMBOO CORPORATION.

Exhibit P11 TRUE COPY OF THE REVIEW PETITION DATED 05.06.2021 OF THE PETITIONER SENT TO THE 2NDR RESPONDENT.