C.K.Preman vs General Manager
2022 Latest Caselaw 1568 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
         TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                         WP(C) NO. 27276 OF 2021
PETITIONER/S:

              C.K.PREMAN
              AGED 53 YEARS, S/O.KANNAN, VARSHAMEGHAM HOUSE,
              KANNAMVELLY, PAYYOLI (P.O), KOYILANDY, KOZHIKODE, KERALA,
              PIN-673522.
              BY ADVS.
              H.PRAVEEN (KOTTARAKARA)
              M.PREMKUMAR


RESPONDENT/S:

     1        GENERAL MANAGER
              FOOD CORPORATION OF INDIA, KESAVADASAPURAM,
              THIRUVANANTHAPURAM, PIN-695004.
     2        EXECUTIVE DIRECTOR (SOUTH ZONE),
              FOOD CORPORATION OF INDIA, ZONAL OFFICE, GANDHI NAGAR,
              CHENNAI, TAMIL NADU-600006.
              BY ADV JOSE KURIAKOSE (VILANGATTIL)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27276 OF 2021
                                2

                     JUDGMENT

Dated this the 15th day of February, 2022

The petitioner, while working as Assistant Grade - III

(D) at FSD in Muzhappilangadi under Kannur District office

of the Food Corporation of India, was subjected to

disciplinary proceedings, which culminated in Ext.P1 order.

Aggrieved, petitioner has preferred Ext.P2 appeal along with

an application for condoning the delay of 190 days.

2. Even though various contentions are raised on

merits, the petitioner having availed the statutory remedy, it

is only appropriate to direct the appeal to be considered on

merits, rather than this court venturing to pre-decide the

matter.

Hence, the Writ Petition is disposed of, directing the

second respondent to take up Ext.P2 appeal along with the

application for condonation of delay and to pass orders

thereon, within an outer time limit of two months from the WP(C) NO. 27276 OF 2021

date of receipt of a copy of this judgment. Before taking the

decision, petitioner shall be afforded an opportunity of

hearing.

Sd/-

V.G.ARUN JUDGE RK WP(C) NO. 27276 OF 2021

APPENDIX OF WP(C) 27276/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.VIG.4(4)/2017.VOL II DATED 25.01.2019. Exhibit P2 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 2ND RESPONDENT DATED 15.10.2019. Exhibit P3 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO 2ND RESPONDENT DATED 08.02.2021.

Exhibit P4 TRUE COPY OF THE MEMO NO.VIG4(5)/2021/AM DATED 20.09.2021.

Exhibit P5 TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER DATED 07.10.2021.