Kerala High Court
Priji E Moses vs N. Jayaram on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
WP(C) NO. 38976 OF 2022
PETITIONER:
1 PRIJI E MOSES,
AGED 47 YEARS
S/O M.EBENIZER, WORKING AS ASSISTANT EXECUTIVE ENGINEER
(CIVIL), INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, THIRUVANANTHAPURAM, MARUTHUMALA P.O, VITHURA,
THIRUVANANTHAPURAM PIN 695 551 RESIDING AT TC 17/1022,
POOJAPURA P.O, THIRUVANANTHAPURAM, PIN - 695012
2 SIVA DUTT,
AGED 55 YEARS
S/O P.VIJAYAN NAIR, WORKING AS SUPERINTENDING ENGINEER
(CIVIL), INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, THIRUVANANTHAPURAM, MARUTHUMALA P.O, VITHURA,
THIRUVANANTHAPURAM PIN 695 551 RESIDING AT KNRA 10,
KAILAS NAGAR, CHENGALOOR, POOJAPURA,
THIRUVANANTHAPURAM, PIN - 695012
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
A.JANI(KOLLAM)
SAJU WAHAB
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA V.J
HARIKRISHNAN S.
S.SREEKUMAR (SR.)
RESPONDENTS:
1 N. JAYARAM,
AGED 65 YEARS
INQUIRING AUTHORITY, INDIAN INSTITUTE OF SCIENCE
EDUCATION AND RESEARCH, THIRUVANANTHAPURAM, MARUTHUMALA
P.O,VITHURA, THIRUVANANTHAPURAM, PIN - 695551
2 THE DIRECTOR,
WP(C) NO. 38976 OF 2022
2
NDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH,
THIRUVANANTHAPURAM, MARUTHUMALA P.O,VITHURA,
THIRUVANANTHAPURAM, PIN - 695551
3 THE CHAIRMAN,
BOARD OF DIRECTORS, INDIAN INSTITUTE OF SCIENCE
EDUCATION AND RESEARCH, THIRUVANANTHAPURAM, MARUTHUMALA
P.O, VITHURA, THIRUVANANTHAPURAM, PIN - 695551
4 THE REGISTRAR,
INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH,
THIRUVANANTHAPURAM, MARUTHUMALA P.O, VITHURA,
THIRUVANANTHAPURAM, PIN - 695551
BY ADV MILLU DANDAPANI SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38976 OF 2022
3
JUDGMENT
The petitioners say that they are being
proceeded against disciplinarily by the 1st
respondent - who is the enquiry officer
appointed by respondents 2 and 3; but that he
is continuing with the enquiry, without
acceding to the request made by them through
Exts.P12 and P13, for certain documents.
2. The petitioners thus pray that the
enquiry proceedings be interdicted, until such
time as the 1st respondent furnishes the
documents sought for by them through the afore
applications.
3. Smt.Sumathi Dandapani - learned Senior
Counsel, instructed by Sri.Jishnu - appearing
for the respondents, in response, submitted
that the afore assertions of the petitioners,
as made by their learned counsel - Sri.A.Jani,
WP(C) NO. 38976 OF 2022
are not accurate because Exts.P12 and P13 have
already been answered by the 1st respondent
through Ext.P14. She pointed out that, as per
the provisions of Note II to Rule 14(11)(iii)
of CCS(CCA) Rules, 1965, the Enquiry Officer
is obligated to afford the copies of only
those documents which are being relied upon in
the enquiry against the petitioners. She
submitted that this has already been done and
therefore, that a roving application for
documents, which are unconnected with the
enquiry, was not possible to be acceded to.
She concluded her submissions arguing that
this writ petition is not maintainable because
the petitioners have chosen to implead the 1st
respondent eo nomine even though there are no
allegations against him.
4. When I consider and evaluate the afore
submissions, it is rudimentary in law that,
during the process of an enquiry, every
WP(C) NO. 38976 OF 2022
document relied upon against the person facing
it will have to be furnished to him. With
respect to any other document that he may
require for the purpose of his defence or for
any other collateral purpose, he will have to
seek it as per law, including under the Right
to Information Act. Therefore, if the employer
does not intent to rely upon any other
document than what is enumerated along with
the charge sheet and if they have already been
given to the petitioners, then their remedy is
to obtain additional documents, as they may
require, under the applicable law.
In the afore circumstances, I close this
writ petition, without acceding to any of the
request of the petitioners; however, recording
the submissions of Smt.Sumathi Dandapani -
learned Senior Counsel, that only those
documents which have been enumerated in the
charge sheet and given to the petitioners will
WP(C) NO. 38976 OF 2022
be relied upon by them; and leaving liberty
to the petitioners to seek any other document
under the applicable law, for which purpose,
all contentions are left open.
I also record the submissions of
Smt.Sumathi Dandapani - learned Senior
Counsel, that if the petitioners require any
document, they are also free to ask the
Enquiry Officer for the same, however,
explaining how it is relevant, within the
ambit of Note II to Rule 14(11)(iii) of the
CCS(CCA) Rules, 1965.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 38976 OF 2022
APPENDIX OF WP(C) 38976/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK REPORT DATED 05-07-2020
Exhibit P2 TRUE COPY OF THE ORDER DATED 01-02-2021.
Exhibit P3 TRUE COPY OF THE MEMORANDUM DATED 04/06/21.
Exhibit P4 TRUE COPY MEMORANDUM WAS ISSUED TO WRIT
PETITIONERS BY THE DIRECTOR ON 15/12/21
Exhibit P5 TRUE COPY MEMORANDUM WAS ISSUED TO WRIT
PETITIONERS BY THE DIRECTOR ON 15/12/21
Exhibit P6 TRUE COPY OF THE PETITIONERS SUBMITTED A
DETAILED REPLY REFUTING THE ALLEGATIONS AND
EXPOSING THE PRE-MEDITATED MALAFIDE INTENTION
DATED 27/12/21.
Exhibit P7 TRUE COPY OF THE PETITIONERS SUBMITTED A
DETAILED REPLY REFUTING THE ALLEGATIONS AND
EXPOSING THE PRE-MEDITATED MALAFIDE INTENTION
DATED 27/12/21.
Exhibit P8 TRUE COPY OF MEMORANDUM DATED 06-09-2021
Exhibit P9 TRUE COPY OF STATEMENT OF CHARGES, LIST OF
DOCUMENTS AND LIST OF WITNESS. DATED 6-9-2022
Exhibit P10 TRUE COPY OF ORDER DATED 06-10-2022.
Exhibit P11 TRUE COPY OF COMMON JUDGMENT IN W.P.(C) NOS.
33340 AND 33311 OF 2022 DATED 27-10-2022
BEFORE THE HON'BLE HIGH COURT.
Exhibit P12 TRUE COPY OF APPLICATION 1ST PETITIONER FOR A
COPY OF THE REPORT AS PER EXHIBIT.P2 AND P3
ON 02-11-2022.
Exhibit P13 TRUE COPY OF APPLICATION 2ND PETITIONER FOR A
COPY OF THE REPORT AS PER EXHIBIT.P2 AND P3
ON 02-11-2022
WP(C) NO. 38976 OF 2022
Exhibit P14 TRUE COPY OF THE LETTER DATED 02/11/2022.
Exhibit P15 TRUE COPY OF THE LETTER DATED 04/11/2022.
Exhibit P16 TRUE COPY OF THE LETTER DATED 04/11/2022.
Exhibit P17 TRUE COPY OF THE LETTER DATED 09-11-2022
Exhibit P18 TRUE COPY OF THE LETTER DATED 14-11-2022
SUBMITTED 1ST PETITIONER.
Exhibit P19 TRUE COPY OF THE E-MAIL PRINTOUT DATED 14-11-
2022.
Exhibit P20 TRUE COPY OF THE LETTER DATED 15-11-2022 THE
1ST PETITIONER.
Exhibit P21 TRUE COPY OF THE E-MAIL PRINTOUT DATED 15-11-
2022.
Exhibit P22 TRUE COPY OF MEMORANDUM DATED 09-11-2022.
Exhibit P23 TRUE COPY OF REPLY TO SUBMITTED BY THE 2ND
PETITIONER DATED 22-11-2022
Exhibit P24 TRUE COPY OF LETTER DATED 21-11-2022 ISSUED
TO 1ST PETITIONER.
Exhibit P25 TRUE COPY OF LETTER DATED 21-11-2022 ISSUED
TO 2ND PETITIONER
RESPONDENT EXHIBITS
EXHIBIT R1 (a) TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY
THE MINISTRY OF HOME AFFAIRS BEARING NO.
F.25/3/59-ESTS. (A) DATED 21.04.1959
