Kerala High Court
The Kerala State Civil Supplies ... vs Shelji George on 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
RP.No.271 OF 2021 IN WP(C). 21538/2020
AGAINST THE JUDGMENT IN WP(C) 21538/2020(N) OF HIGH COURT OF
KERALA
REVIEW PETITIONERS:
1 THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD.,
MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, PIN-682020,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
2 THE CHAIRMAN AND MANAGING DIRECTOR,
THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,
MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, PIN-682020.
BY ADV. SRI.R.LAKSHMI NARAYAN
RESPONDENTS:
1 SHELJI GEORGE,
DEPUTY MANAGER (UNDER SUSPENSION), THE KERALA STATE
CIVIL SUPPLIES CORPORATION LIMITED, MAVELI BHAVAN,
MAVELI ROAD, GANDHI NAGAR, PIN-682020.
2 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME AND VIGILANCE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 SECRETARY TO GOVERNMENT,
FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4 DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU,
DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION BUREAU,
THIRUVANANTHAPURAM-695033.
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SRI.VISHNU V.K.
KUM.ABHIRAMI K.UDAY
RP.No.271 OF 2021
2
SRI.KURUVILLA SABU CHRISTY
SRI.V.VARGHESE
SRI.MATHEW GEORGE VADAKKEL-SR.GP
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
25.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.271 OF 2021
3
ORDER
Dated this the 25th day of March 2021
This petition has been filed seeking a review of the
judgment of this Court dated 06.11.2020, to the extent to
which it fixes four months time to complete disciplinary action
against the writ petitioner, failing which she shall be
reinstated in service. The review petitioners say that all steps
have been taken for completion of the enquiry, but that on
account of certain action on the part of the writ petitioner
herself, it has been delayed. They further say that the enquiry
is now going on and that several witnesses and documents
have been examined and marked on the side of both sides.
They assert that, therefore, they will be able to complete the
enquiry within a period of one more month than what has
been granted in the judgment.
2. The afore submissions of the review petitioners as
made by their learned standing counsel - Sri.R.Lakshmi
Narayan, is stoutly opposed by Sri.S.P.Aravindakshan Pillay
saying that the extension sought for is mala fide, since the
judgment was received by the petitioners on 30.11.2020; and
RP.No.271 OF 2021
therefore, they ought to have completed the enquiry before
30.03.2021, if they wanted to avoid his client's reinstatement.
He submitted that instead of doing so, they issued a revised
memo charges on 06.12.2020, which was received by his
client on 16.12.2020 and that he sought for time till
15.01.2021 to file his reply on account of the fact that he had
come into contact with Covid -19 patient. The learned counsel
added that the petitioners herein, however, granted time to
his client only till 18.01.2021 and that eight sittings of enquiry
has already been completed, wherein eleven out of thirteen
witnesses on the side of the management had been examined
and several documents marked. He then affirmed that his
client has also submitted a schedule of five witnesses and six
documents, but asserted that there is no reason why the
enquiry should have been so delayed.
3. When I evaluate the afore rival contentions, it is clear
that the enquiry is still going on, which is conceded even by
the writ petitioner. Since more than eighteen witnesses have
to be examined and 25 documents to be marked on both sides,
it is evident that the request sought for by the petitioners for
extension of time by a month, than what is granted in the
RP.No.271 OF 2021
judgment is justified.
In the afore circumstances, I allow this review petition
and extent the time for completion of enquiry until
13.04.2021; failing which, the directions in the writ petition
will be complied with.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
RP.No.271 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF IA 1/2021, FILED IN
W.P.NO.21538/2020.
ANNEXURE A2 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE FIRST RESPONDENT IN IA NO.1/2021 IN WPC NO.
21538/21.
ANNEXURE A3 THE TRUE COPY OF THE REPLY AFFIDAVIT IN THE IA
NO.1/2021 BY THE REVIEW PETITIONERS.
RESPONDENT'S EXHIBITS:
ANNEXURE R1(A) TRUE COPY OF THE REPRESENTATION DATED
23/12/2020 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE CHAIRMAN AND MANAGING DIRECTOR,
KSCSC.
ANNEXURE R1(B) TRUE COPY OF THE LETTER NO. D22-23065/19 DATED
29/12/2020 OF THE ADDITIONAL GENERAL MANAGER
(P&A) OF SUPPLYCO.
