G.Unnikrishnan vs Thiruvananthapuram District ...
2022 Latest Caselaw 7807 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                        WP(C) NO. 18539 OF 2022
PETITIONER:

            G.UNNIKRISHNAN,
            AGED 32 YEARS
            S/O GOPALAKRISHNAN, SECRETARY, THIRUVANANTHAPURAM
            DISTRICT COMMERCIAL EMPLOYEES WELFARE CO OPERATIVE
            SOCIETY (NOW UNDER SUSPENSION) RESIDING AT GOPIKA, TC
            43/707-3, VALIYAVEEDU LANE, KAMALESWARAM, MANACADU P.O,
            THIRUVANANTHAPURAM.

            BY ADVS.
            R.SUNIL KUMAR
            A.SALINI LAL
            ARUN KRISHNA
            J.M.DEEPAK



RESPONDENT/S:

    1       THIRUVANANTHAPURAM DISTRICT COMMERCIAL EMPLOYEES
            WELFARE CO-OPERATIVE SOCIETY
            LTD T- 2133, REPRESENTED BY ITS SECRETARY, FORT P.O,
            THIRUVANANTHAPURAM 695023.

    2       MANAGING COMMITTEE,
            THIRUVANANTHAPURAM DISTRICT COMMERCIAL EMPLOYEES
            WELFARE CO OPERATIVE SOCIETY LTD T- 2133 REPRESENTED BY
            ITS PRESIDENT, FORT P.O, THIRUVANANTHAPURAM 695023.

    3       DISCIPLINARY SUBCOMMITTEE,
            THIRUVANANTHAPURAM DISTRICT COMMERCIAL EMPLOYEES
            WELFARE CO OPERATIVE SOCIETY LTD T- 2133REPRESENTED BY
            ITS CHAIRMAN, FORT P.O, THIRUVANANTHAPURAM 695023.

            SMT PARVATHY K-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18539 OF 2022
                                      2


                                   JUDGMENT

The petitioner says that he has been proceeded

disciplinarily by the first respondent - Society on various

allegations and placed under suspension ever since

08.09.2021. He alleges that, however, no subsistence

allowance has been yet paid to him; but that, in the

meanwhile, the disciplinary enquiry is being proceeded. He

thus prays that his suspension be quashed by this Court, with a

resultant direction issued to the competent Authority to pay

him all eligible benefits during the said period, without any

further delay.

2. The afore submissions of Sri.R.Sunil Kumar - learned

counsel for the petitioner, were controverted by Smt.Anitha

Ravindran - learned counsel appearing for the first respondent

- Society, saying that the disciplinary action is now virtually

complete and only the issuance of the final order remains. She

submitted that, as regards the subsistence allowance is

concerned, the Society will pay the same to him, provided all

other statutory and imperative requirements are satisfied.

3. When I consider the afore submissions, it is

indubitable that the petitioner has approached this Court

challenging the suspension order, as also the factum of him not WP(C) NO. 18539 OF 2022

having been paid the subsistence allowance during the said

period.

4. As regards the suspension is concerned, I am afraid

that this Court cannot, at this stage, enter into the merits of

the same, particularly when the enquiry is stated to be almost

complete, with only the final order remaining to be issued.

5. However, with respect to subsistence allowance, I have

no doubt that the Society is bound to pay the same to the

petitioner without any further delay.

6. Resultantly, I order this writ petition to the limited

extent of directing the first respondent to make sure that all

arrears of subsistence allowance is paid to the petitioner, as

expeditiously as is possible, but not later than two months

from the date of receipt of a copy of this judgment; with a

corollary direction that the final orders on disciplinary action

will be issued only after it is so paid.

It is needless to say that all contentions of the petitioner

with respect to his suspension are left open to be pursued by

him appropriately at the relevant time; for which purpose, they

are left without being considered.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 18539 OF 2022

APPENDIX OF WP(C) 18539/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT LETTER OF PETITIONER DATED 22/02/2021.

Exhibit P2 TRUE COPY OF THE ORDER OF THE PRESIDENT OF SOCIETY DATED 8/9/2021 PLACING PETITIONER UNDER SUSPENSION.

Exhibit P3 TRUE COPY OF THE CHARGE MEMO DATED 15/11/2021 GIVEN TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE REPLY DATED 26/11/2021 SUBMITTED BY THE PETITIONER.

Exhibit P5 TRUE COPY OF THE ORDER DATED 17/12/2021 APPOINTING THE ENQUIRY OFFICER.