K K Sreedharan vs State Of Kerala
2023 Latest Caselaw 1450 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
         FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                             WP(C) NO. 1086 OF 2023
PETITIONER:

              K K SREEDHARAN.
              AGED 52 YEARS
              S/O V KUTTAN,
              KOTTAYIL VEEDU, MALESAMANGALAM POST,
              THIRUVILLAMALA, TRICHUR ., PIN - 680588

              BY ADVS.
              K.A.SALIL NARAYANAN
              K.BINCYMOL


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT
              DEPARTMENT OF CIVIL SUPPLIES, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM., PIN - 695001
     2        COMMISSIONER OF CIVIL SUPPLIES,
              PUBLIC OFFICE BUILDING, NEAR MUSEUM,
              VIKAS BHAVAN P.O. THIRUVANANTHAPURAM., PIN - 695033
     3        DISTRICT SUPPLY OFFICER,
              O/O THE DSO, COLLECTORATE BUILDINGS,
              AYYANTHOLE , THRISSUR., PIN - 680002
     4        TALUK SUPPLY OFFICER,
              O/O. T.S.O. TALAPPILLY,
              WADAKKANCHERRY, THRISSUR, PIN - 680582

              BY ADV.
              P.S.APPU, GOVERNMENT PLEADER


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.1086 OF 2022
                                   2


                            JUDGMENT

Dated this the 20th day of January, 2023

The petitioner is the licensee of Authorised Retail

Depot (ARD) No.217 in Talappilly Taluk. The petitioner's

license was suspended as per Ext.P1 dated 28.01.2022,

on the instructions of the Commissioner of Civil

Supplies, which, in turn, was based on a report of the

Vigilance and Anti-Curruption Bureau. The allegation is

that the petitioner had collected amounts from other

ARD licensees on the pretext that it was for bribing a

Government servant.

2. Although various contentions are raised by the

learned Counsel for the petitioner assailing the order of

suspension, I am impressed with the contention based

on Clause 49 (2) of the Kerala Targeted Public

Distribution System (Control) Order, 2021, that, the

license cannot be suspended for more than six months.

3. Learned Government Pleader submitted that the

allegations were enquired into in detail and a charge

memo is prepared and sent to the Government for

approval. It is submitted that appropriate further action W.P.(C)NO.1086 OF 2022

will be taken, once approval from the Government is

received. The Government has informed that the

approval will be granted, depending upon the report of

the Vigilance and Anti-Curruption Bureau.

4. While the District Supply Officer has every right

to proceed against the petitioner, as per the mandate

of Clause 49(2), the petitioner's license cannot be

suspended for more than six months. As six month

period got over on 28.07.2022, the writ petition is

disposed of as under;

The 2nd respondent is directed to reinstate the

petitioner's license forthwith. The above direction does

not interdict the 2nd respondent from proceeding with

the enquiry initiated as per Ext.P1 and taking

appropriate further action.

Sd/-

V.G.ARUN JUDGE NB/20-1 W.P.(C)NO.1086 OF 2022

APPENDIX OF WP(C) 1086/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 28-01-2022 EXHIBIT P2 TRUE COPY OF THE MEMO OF CHARGES DATED 22-02-

EXHIBIT P3 TRUE COPY OF THE REPLY DATED 22-02-2022 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ALONG WITH THE ACKNOWLEDGMENT DATED 22-12-2022

RESPONDENTS' EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE