T. T. Sreekumar vs The Travancore Devaswom Board
2021 Latest Caselaw 15690 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

              FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943

                             WP(C) NO. 8796 OF 2021

PETITIONER:

               T. T. SREEKUMAR
               AGED 58 YEARS
               S/O. LATE THANKAPPAN PILLAI, HEAD CLERK (RETD.), OFFIE OF THE
               ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
               KARUNAGAPPALLY, RESIDING AT SREEGEETHAM, MONOMPALLY,
               MUKUNDAPURAM P. O., CHAVARA, KOLLAM - 691 585.

               BY ADV B.MOHANLAL



RESPONDENTS:

1 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE P. O., THIRUVANANTHAPURAM - 695 003.

2 THE COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE P. O., THIRUVANANTHAPURAM - 695 003.

3 THE DEVASWOM ACCOUNTS OFFICER TRAVANCORE DEVASWOM BOARD, NANTHANCODE P. O., THIRUVANANTHAPURAM - 695 003.

4 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY P. O., KOLLAM - 690518.

BY ADV SHRI.G.BIJU,SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8796 OF 2021

JUDG MENT

The issue in this case relates to an alleged liability that has

been fastened against the petitioner by the Travancore Devaswom

Board, thus disentitling him to the retiral benefits.

2. The petitioner says that he has preferred Ext.P11

representation against the allegations made against him; but

alleges that, without considering the same, Ext.P18 proceedings

have been issued, fixing liability upon him and asserts that this

has been done without following due procedure. He says that he,

therefore, preferred Ext.P19, which is still pending before the

competent Authority. He, therefore, prays that Ext.P18 be set aside

and Ext.P19 be directed to be taken up and disposed of within a

time frame to be fixed by this Court.

3. However, in response to the submissions of

Sri.B.Mohanlal as afore, the learned Standing Counsel for the

Travancore Devaswom Board - Sri.C.Biju, submitted that Ext.P19

has been disposed of through Ext.P21, whereby, a liability of

Rs.19,17,602.85 has been fixed against the petitioner. He,

however, conceded that petitioner was not given an opportunity of

being heard before this order had been issued, explaining that this WP(C) NO. 8796 OF 2021

was because he had not filed any objections to the earlier

proceedings before the competent Authority. He thus argued that

it can only be, therefore, deemed that petitioner had conceded to

the liability and prayed that this writ petition be dismissed.

4. Even when I hear Sri.C.Biju on the afore lines, the fact

remains that when there is imposition of a large liability to the

extent of merely Rs.20 lakhs, it is only in fairness and in

compliance of the principles of natural justice that the petitioner

was given an opportunity of explaining why such an amount be not

imputed against him.

5. I notice from Ext.P11 that he has furnished a detailed

explanation against the imposition and in Ext.P19, it is further

explained on the strength of several facts and figures. Since it is

conceded before me that Ext.P21 order has been issued without

affording an opportunity of being heard to the petitioner, I am

certain that it cannot find favour in law.

6. Presumably, being aware of the mind of this Court,

Sri.C.Biju, prayed that if this court does not find favour with

Ext.P21 order, then his client may be reserved liberty to issue

fresh orders after hearing the petitioner. WP(C) NO. 8796 OF 2021

Resultantly, and for the sole reason above, I order this writ

petition and set aside Ext.P21; with a consequential direction to

the 2nd respondent to afford an opportunity of being heard to the

petitioner, after giving him sufficient time to produce all relevant

documents and materials in his defence and to thereafter,

culminate the proceedings in an appropriate manner, adverting to

Exts.P11 and P19.

The afore exercise shall be completed by the 2 nd respondent,

as expeditiously as is possible, but not later than three months

from the date of receipt of a copy of this judgment; and after its

completion, all amounts found entitled to the petitioner, as being

the retiral benefits, shall be disbursed to him without any further

delay, but not later than two months thereafter, subject to

applicable provisions of law.

Sd/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 8796 OF 2021

APPENDIX OF WP(C) 8796/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE ORDER ROC NO.6015/09/PEN.

DATED 09.11.2009 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE R.O.C.NO.13524/16/O.A.D. DATED 20.12.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE LAST PAY CERTIFICATE OF THE PETITIONER DATED 23.01.2018 ISSUED BY THE ASSISTANT DEVASWOM COMMISSIONER, MAVELIKKARA GROUP.

EXHIBIT P4 THE TRUE COPY OF THE ORDER R.O.C.2/10/P AND S.G.R.C. DATED 13.05.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE NOTICE NO.1193 DATED 27.06.2019 ISSUED BY THE 4TH RESPONDENT AND DETAILS OF THE AMOUNT TO THE PETITIONER.

EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED NIL ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE ORDER D.A.NO.1881/19/E4 DATED 07.09.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P8 THE TRUE COPY OF THE ORDER D.A.NO.1881/19/E4 DATED 07.09.2019 ISSUED BY THE 3RD RESPONDENT TO THE MANAGER, DHANALEKSHMI BANK, NANTHANCODE.

EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION DATED 11.09.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DATED 18.09.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P11 THE TRUE COPY OF THE REPRESENTATION DATED 18.08.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

WP(C) NO. 8796 OF 2021

EXHIBIT P12 THE TRUE COPY OF THE BOND EXECUTED BY THE PETITIONER IN FAVOUR OF THE BOARD DATED 18.08.2020.

EXHIBIT P13 THE TRUE COPY OF THE REPRESENTATION DATED 05.02.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P14 THE TRUE COPY OF THE REPRESENTATION DATED 11.09.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P15 THE TRUE COPY OF THE REPRESENTATION DATED 10.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P16 THE TRUE COPY OF THE REPRESENTATION DATED 07.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P17 THE TRUE COPY OF THE ARBITRATION PROCEEDINGS NO.85/21 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM AND THE SUMMONS ISSUED TO THE PETITIONER DATED 03.03.2021 FROM THE INSPECTOR OF CO-OPERATIVE SOCIETIES, KARUNAGAPPALLY.

EXHIBIT P18 THE TRUE COPY OF THE REVISED NON-LIABILITY CERTIFICATE DATED 17.04.2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

EXHIBIT P19 THE TRUE COPY OF THE OBJECTION DATED 01.07.2021 FILED BY THE PETITIONER AGAINST EXT.P18 BEFORE THE 4TH RESPONDENT.

EXHIBIT P20 THE TRUE COPY OF THE ORDER ROC.15030/2016/OAD DATED 09.03.2018 ISSUED BY THE 2ND RESPONDENT.