Varghese Joseph vs Kerala State Co-Operative ...
2023 Latest Caselaw 1278 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                       WP(C) NO. 42499 OF 2022


PETITIONER:

          VARGHESE JOSEPH, AGED 41 YEARS
          ABKARI WORKER, FL1, SHOP NO. 5027,
          PALA (NOW UNDER SUSPENSION),
          RESIDING AT CHEERAMATTOM,
          PONKUNNAM P.O., KOTTAYAM-686506.

          BY ADVS.
          LIJI.J.VADAKEDOM
          TOM E. JACOB
          REXY ELIZABETH THOMAS


RESPONDENTS:

    1     KERALA STATE CO-OPERATIVE CONSUMBERS'
          FEDERATION LTD., REPRESENTED BY ITS
          MANAGING DIRECTOR, GANDHINAGAR,
          ERNAKULAM, KOCHI-682 020.

    2     MANAGING DIRECTOR, THE KERALA STATE
          CO-OPERATIVE CONSUMERS' FEDERATION LTD.,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          GANDHINAGAR, ERNAKULAM, KOCHI-682 020.

          BY ADV M.SASINDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 42499/22
                                         2

                               JUDGMENT

The petitioner concedes that disciplinary action has been

initiated against him by the 1st respondent - Kerala State Co-

operative Consumer's Federation Ltd. (CONSUMERFED), but asserts

that placing him under suspension was unnecessary, against which

he has preferred Ext.P7 representation. He thus prays that Ext.P7 be

directed to be taken up and disposed of by the 2 nd respondent -

Managing Director, within a time frame to be fixed by this Court.

2. The afore request of the petitioner, as made by his

learned counsel - Sri.Liji J. Vadakkedom, was answered by

Sri.M.Sasindran - learned Standing Counsel for the respondents,

saying that if the petitioner only requires Ext.P7 representation to be

taken up and disposed of by the 2 nd respondent in terms of law,

there does not appear to be any legal impediment in doing so; but

prayed that this Court may not make any affirmative declarations on

his entitlement to any relief and leave it to the said Authority to

take a final decision as per law. He added that he is making this

request because the disciplinary action against the petitioner is at WPC 42499/22

the last stage and is now pending before the Board of Directors of

the 1st respondent.

3. Taking note of the afore submissions and since I am of

the view that Ext.P7 has to be independently considered by the

competent Authority, dehors the stage of the disciplinary action now

pending, I deem it appropriate to grant the reliefs as sought for.

Resultantly, I allow this Writ Petition and direct the 2 nd

respondent - Managing Director, to take up Ext.P7 representation of

the petitioner and dispose it of, after affording him an opportunity

of being heard; thus culminating in an appropriate order and

necessary action thereon as expeditiously as is possible, but not later

than two weeks from the date of receipt of a copy of this judgment.

I make it clear that nothing I have said herein will have any

influence on the disciplinary action pending before the competent

Authority and that it can be concluded as per law.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                                JUDGE
 WPC 42499/22


                 APPENDIX OF WP(C) 42499/2022

PETITIONER EXHIBITS
Exhibit P1          THE COPY OF THE ORDER OF SUSPENSION NO.

AD1/FL1/PALA/16-17 DATED 29.12.2016 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 THE COPY OF THE CHARGE MEMO DATED 22.2.2017 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 A HE COPY OF THE LETTER NO. AD1/DE/2016-17 DATED 19.01.2017 ISSUED BY THE 2ND RESPONDENT APPOINTING THE ENQUIRY OFFICER TO CONDUCT ENQUIRY PROCEEDINGS.

Exhibit P3 THE COPY OF THE LETTER DATED 31/5/2017 SUBMITTED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER.

Exhibit P4 THE COPY OF THE CLARIFICATION PETITION DATED 8.6.2017 SUBMITTED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER.

Exhibit P5 THE COPY OF THE NON-EMPLOYMENT CERTIFICATE DATED 13.01.2019 ISSUED TO THE PETITIONER. Exhibit P6 THE COPY OF THE SHOW CAUSE NOTICE DATED 16.6.2020.

Exhibit P6 A THE COPY OF THE EXPLANATION DATED 12.9.2020 .

Exhibit P6 B THE COPY OF THE REPLY DATED 23/1/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P7 THE COPY OF THE REPRESENTATION DATED 29/8/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.