Divya Dileep vs The Managing Director And Chief ...
2022 Latest Caselaw 5280 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
                       WP(C) NO. 15893 OF 2022
PETITIONER/S:
           DIVYA DILEEP,AGED 32 YEARS,D/O.P.S.DILIP KUMAR,
           NOW WORKING AS CLERK, COMMISSIONERATE OF CIVIL SUPPLIES
           AND CONSUMER AFFAIRS, THIRUVANANTHAPURAM, RESIDING AT
           PALAZHI HOUSE, MANKODE VILLAGE, KOTTARAKKARA TALUK,
           KOLLAM DISTRICT, PIN - 691506

            BY ADVS.
            M.G.SREEJITH
            LUKE J CHIRAYIL


RESPONDENT/S:
     1     THE MANAGING DIRECTOR AND CHIEF EXECUTIVE, THE KERALA
           STATE CIVIL SUPPLIES CORPORATION LIMITED
           P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
           KOCHI, PIN - 682020

    2       THE ADDITIONAL GENERAL MANAGER (P AND A)
            THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,
            P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI, PIN - 682020

    3       THE REGIONAL MANAGER, THIRUVANANTHAPURAM REGION
            THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,
            GX36, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN -
            695014

    4       THE DEPOT MANGER, THE KERALA STATE CIVIL SUPPLIES
            CORPORATION LIMITED KOTTARAKKARA
            KOTTARAKKARA - EDAKKIDOM - NEDUMANKAVU RD,
            KOTTARAKKARA, KERALA, PIN - 691506

    5       THE BOARD OF DIRECTORS , THE KERALA STATE CIVIL
            SUPPLIES CORPORATION LIMITED
            P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI,REPRESENTED BY MANAGING DIRECTOR, PIN - 682020

            BY ADV R.LAKSHMI NARAYAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.15893/2022                  2

                                JUDGMENT

The grievance of the petitioner is that as

against Exhibit P7 order passed against the

petitioner as part of disciplinary proceedings,

she was directed to pay an amount of

Rs.35846.97/- within a period of 30 days from

the date of the order. It is pointed out that

as against Ext.P7 order, an appeal has been

preferred by her before the 5th respondent as

evidenced by Ext.P8. Along with the said

appeal, a stay petition was also filed and the

same are yet to be numbered. According to the

learned counsel for the petitioner, the

recovery is going to be effected from her

salary in the meantime. This Writ Petition is

filed in such circumstances.

2. Heard both sides.

3. Considering the facts and circumstances

of this case, the 5th respondent is directed to

take up and pass orders on the stay petition

filed along with Ext.P8 and pass appropriate

orders thereon as expeditiously as possible.

Till such a decision is taken by the 5th

respondent on stay petition, the recovery

proceedings against the petitioner, if any,

shall be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

pkk

APPENDIX OF WP(C) 15893/2022

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF MEMO OF CHARGES DATED 28-05-

2020 ISSUED BY THE 2ND RESPONDENT

Exhibit2 TRUE COPY OF EXPLANATION SUBMITTED BY THE PETITIONER DATED 16-06-2020 BEFORE THE 2ND RESPONDENT.

Exhibit-P3 TRUE COPY OF PROCEEDINGS DATED 25-06-2020 ISSUED BY THE 2ND RESPONDENT

Exhibit-P4 TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER DATED 20-10-2020

Exhibit5 TRUE COPY OF JUDGMENT DATED 04-03-2022 IN WP(C) NO.7134/2022

Exhibit-P6 TRUE COPY OF REQUEST DATED 17-03-2022 SUBMITTED BEFORE THE 2ND RESPONDENT

Exhibit-P7 TRUE COPY OF ORDER DATED 24-03-2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit-P8 TRUE COPY OF APPEAL AND STAY PETITION DATED 07-05-2022 PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT