Rengith B.G vs Travancore Devaswom Board
2021 Latest Caselaw 7746 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                        WP(C).No.3336 OF 2021(N)

PETITIONER:

                RENGITH B.G
                AGED 38 YEARS
                S/O. K.R BHUVANENDRAN, TC 16/1061, K.R BHAVAN, K.R
                NAGAR, JAGATHY, THYCAUD P.O. THIRUVANANTHAPURAM-695
                014, (NOW WORKING AS WATCHER, PALAYAM VINAYAKAR
                DEVASWOM, ULLOOR GROUP)

                BY ADVS.
                SRI.D.AJITHKUMAR
                SMT.HARSHA S. NAIR
                SMT.T.MANASY

RESPONDENT/S:

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

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

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

      4         DEPUTY DEVASWOM COMMISSIONER,
                TRIVANDRUM GROUP, TRAVANCORE DEVASWOM BOARD, FORT
                P.O.,THIRUVANANTHAPURAM-695 023

      5         ASSISTANT DEVASWOM COMMISSIONER,
                ULLOOR GROUP, TRAVANCORE DEVASWOM BOARD,
                THIRUVANANTHAPURAM-695 011

      6         ADMINISTRATIVE OFFICER,
                OTC, HANUMAN DEVASWOM, THIRUVANANTHAPURAM-695 033

                R1 BY ADV. SRI.C.K.PAVITHRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3336 OF 2021

                                   2




                               JUDGMENT

Dated this the 5th day of March 2021

This writ petition is filed seeking the following reliefs:-

(i) To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to Exhibit-P5 and quash the same.

(ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to allow the petitioner to join duty.

2. Heard the learned counsel for the petitioner and the

learned standing counsel appearing for the respondent Board.

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

that Ext.P5 order of suspension had been imposed on the

petitioner by the 4th respondent who had no authority to do so,

not being the appointing authority in respect of the post held by

the petitioner. It is further contended that Ext.P4

recommendation forwarded by the Assistant Commissioner was

not considered while passing Ext.P5 and that the order of

suspension is vitiated by malafide. It is submitted by the learned WP(C).No.3336 OF 2021

counsel for the petitioner that the petitioner has approached the

3rd respondent preferring Ext.P8 representation, pointing out

these aspects and seeking a revocation of the suspension, the

learned counsel would submit that Ext.R1(c) communication had

also been forwarded to the 5th respondent which was also not

taken note of. A further submission of the learned counsel for

the petitioner is that though Ext.P5 is dated 03.02.2021, no

disciplinary proceedings have been initiated against the petitioner

till date.

4. A counter affidavit has been placed on record by the 1 st

respondent. It is submitted that the order of suspension has

been ratified by the 3rd respondent on 06.02.2021 and that

therefore it is well in order. It is further submitted that a show

cause notice have been issued to the petitioner, to which

Ext.R1(a) reply had been submitted by the petitioner. It is

submitted that it is on consideration of Ext.R1(a) that Ext.P5 had

been issued.

5. Having considered the contentions advanced on either

side and in view of the fact that the petitioner has approached WP(C).No.3336 OF 2021

the 3rd respondent with Ext.P8 representation, I am of the opinion

that the said request for revocation of suspension is liable to be

considered by the 3rd respondent in accordance with law before

any further proceedings are taken against the petitioner.

In the above view of the matter, there will be a direction to

the 3rd respondent to take up, consider and pass orders on Ext.P8

representation preferred by the petitioner after hearing the

petitioner through any appropriate means, including video

conferencing within a period of three weeks from the date of

receipt of a copy of this judgment. All contentions of the parties

are left open.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.3336 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE O.P.TICKET OF TALUK HOSPITAL, FORT, THIRUVANANTHAPURAM DATED 19.01.2021 ISSUED TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19.01.2021 ISSUED BY 4TH RESPONDENT TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE REPLY DATED 25.01.2021 SENT BY THE PETITIONER TO EXHIBIT -P2 SHOW CAUSE NOTICE

EXHIBIT P4 TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT TO 4TH RESPONDENT DATED 03.02.2021

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 03.02.2021 OF THE 4TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE RELEVANT PORTION FROM THE TRAVANCORE DEVASWOM MANUAL REGARDING THE POWERS AND DUTIES OF THE DEVASWOM COMMISSIONER OF THE BOARD

EXHIBIT P7 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 05.02.2021 ISSUED FROM TALUK HOSPITAL TO THE PETITIONER

EXHIBIT P8 TRUE COPY OF THE EXPLANATION LETTER DATED 18.02.2021 SENT BY PETITIONER TO THE 3RD RESPONDENT

EXHIBIT P9 TRUE COPY OF THE EXPLANATION DATED 18.02.2021 GIVEN BY PETITIONER BEFORE THE TRAVANCORE DEVASWOM BOARD

EXHIBIT P10 TRUE COPY OF THE ROC NO.15296/17/EST-I DATED 15.12.2017 ISSUED BY RESPONDENT BOARD

EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED 01.11.2016 GIVEN BY SMT.S GEETHA KUMARI 'THALI' NEYYATTINKARA DEVASWOM BEFORE THE 3RD RESPONDENT

EXHIBIT P12 TRUE COPY OFGIVEN 01.11.2019 THE RECOMMENDATION DATED OF THE BY VIGILANCE OFFICER WP(C).No.3336 OF 2021

TRAVANCORE DEVASWOM BOARD TO SUPERINTENDENT OF POLICE, VIGILANCE AND SECURITY, TRAVANCORE DEVASWOM BOARD

EXHIBIT P13 TRUE COPY OF THE LETTER DATED 25.01.2020 BEARING NO.ROC.NO.2318/16/NS-1 ISSUED BY DEPUTY DEVASWOM COMMISSIONER (FINANCE AND INSPECTION), TRAVANCORE DEVASWOM BOARD OBTAINED UNDER RIGHT TO INFORMATION ACT

RESPONDENT'S/S EXHIBITS:

EXHIBIT RI(A) TRUE COPY OF THE REPLY DATED 25.01.2021

EXHIBIT R1(B) TRUE COPY OF THE ORDER DATED 06.02.2021

EXHIBIT R1(C) TRUE COPY OF THE REPLY DATED 26.01.2021