Ravindran K.K vs The Cochin Port Trust
2022 Latest Caselaw 416 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                         WP(C) NO. 727 OF 2022
PETITIONER/S:

           RAVINDRAN K.K.,
           AGED 57 YEARS, S/O.K.N. KARUNAKARAN,
           STAFF NO. 000682, WORKING AS SENIOR DEPUTY CHIEF
           ACCOUNTANT II, OFFICE OF THE CHIEF MECHANICAL ENGINEER,
           COCHIN POST TRUST, ERNAKULAM DISTRICT 682 003, RESIDING
           AT E3-II, 7TH CROSS ROAD, WILLINGTON ISLAND, COCHIN 3.
           BY ADVS.
           ANOOP.V.NAIR
           RAMESH CHAND
           DEVI P.
           A.K.ANANDA KRISHNAN


RESPONDENT/S:

     1     THE COCHIN PORT TRUST,
           WILLINGTON ISLAND, COCHIN 682 009,
           REPRESENTED BY ITS SECRETARY.
     2     THE SECRETARY,
           COCHIN PORT TRUST,
           WILLINGTON ISLAND, COCHIN 682 009.
     3     THE CHIEF MECHANICAL ENGINEER,
           OFFICE OF THE CHIEF MECHANICAL ENGINEER,
           COCHIN PORT TRUST,
           WILLINGTON ISLAND, COCHIN 682 009.
     4     THE CHIEF VIGILANCE OFFICER,
           OFFICE OF THE CHIEF VIGILANCE OFFICER,
           COCHIN PORT TRUST, WILLINGTON ISLAND, COCHIN 682 009.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 727 OF 2022
                               2

                    JUDGMENT

Dated this the 13th day of January, 2022

The challenge in this writ petition is against the

disciplinary enquiry proposed against the petitioner based on

Ext.P5 memorandum of charges. The writ petition is filed

voicing an apprehension that, since the petitioner alone is

being singled out from among the officers who had handled

the file, the enquiry may not be conducted in a proper and

fair manner.

2. The allegation is strongly refuted by the learned

Counsel for the respondents. It is contended that a writ

petition challenging a charge memo should not be

entertained. In support of the proposition, reliance is placed

on the decisions of the Hon'ble Supreme Court in [(2010) 13

SCC 311] in State of Orissa and Another vs. Sangram

Keshari Mishra and Another and [(2012) 11 SCC 565]

in the Secretary, Min.Of Defence & Others vs Prabhash WP(C) NO. 727 OF 2022

Chandra Mirdha.

3. I find objection regarding maintainability of the

writ petition to be well founded, inasmuch as the challenge

herein is against Ext.P5 memorandum of charges. As far as

the apprehension voiced by the petitioner is concerned, there

is nothing on record to assume that the enquiry will not be

conducted in a fair manner and without adhering to the

principles of natural justice and fair play.

It needs no reiteration that while conducting the

enquiry, reasonable opportunity should be afforded to the

charged officer.

The Writ Petition is dismissed with the above

observation.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 727 OF 2022

WP(C) NO. 727 OF 2022

APPENDIX OF WP(C) 727/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 01.06.2020 PROMOTING THE PETITIONER TO THE POST OF SENIOR DEPUTY CHIEF ACCOUNTANT II IN MECHANICAL ENGINEERING DEPARTMENT. Exhibit P1 (A) TRUE COPY OF THE ORDER DATED 20.04.2021 TRANSFERRING THE PETITIONER TO THE POST OF SENIOR DEPUTY CHIEF ACCOUNTANT II IN FINANCE DEPARTMENT.

Exhibit P2 TRUE COPY OF THE CERTIFICATE NO. 853 FOR PHYSICALLY HANDICAPPED PERSON ISSUED BY GENERAL HOSPITAL, ERNAKULAM DATED 26.07.1995.

Exhibit P3 TRUE COPY OF THE DISABILITY CERTIFICATE NO. 1392/01 FOR PHYSICALLY HANDICAPPED PERSON ISSUED BY GENERAL HOSPITAL ERNAKULAM, DATED 27.06.2001.

Exhibit P4 TRUE COPY OF THE ORDER BEARING NO.

A4/DIS. ACTION./KKR/2021-M DATED 14.12.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE MEMORANDUM BEARING NO.

A4/DIS.ACTION/KKR/2021-M, DATED 16.12.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 (A) TRUE COPY OF THE ANNEXEURE I IN MEMORANDUM BEARING NO. A4/DIS. ACTION/KKR/2021-M DATED 16.11.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 (B) TRUE COPY OF THE ANNEXEURE II IN MEMORANDUM BEARING NO. A4/DIS. ACTION/KKR/2021-M DATED 1612.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 (C) TRUE COPY OF THE ANNEXEURE III IN MEMORANDUM BEARING NO. A4/DIS. ACTION/KKR/2021-M DATED 1612.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 (D) TRUE COPY OF THE ANNEXEURE IV IN WP(C) NO. 727 OF 2022

MEMORANDUM BEARING NO. A4/DIS. ACTION/KKR/2021-M DATED 1612.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE MOVEMENTS RELATED TO THE FILE THAT ARE RECORDED IN DDFS SHOWING THAT THERE WAS NO DELAY FROM THE PETITIONER.

Exhibit P7 TRUE COPY OF THE MEMORANDUM NO. SR.

DCA/EMO-KKR/2021-M ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT, DATED 21.06.2021.

Exhibit P8 TRUE COPY OF THE EXPLANATION FOR THE MEMORANDUM SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT, DATED 16.08.2021. Exhibit P9 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE SENIOR ACCOUNTANT TO THE 3RD RESPONDENT, DATED 05.07.2021. Exhibit P10 TRUE COPY OF THE EXPLANATION NOTE GIVEN TO THE 3RD RESPONDENT BY THE SENIOR ACCOUNTANT, MANAGER AND THE PETITIONER, DATED 29.03.2021.