Kerala High Court
Anilkumar vs The Kerala State Beverages ... on 17 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:76987
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 36417 OF 2024
PETITIONER:
ANILKUMAR
AGED 56 YEARS
S/O. BALAN V.S., VELLAPARAMBIL HOUSE, VALLIVATTOM PO,
THRISSUR DISTRICT - [PRESENTLY WORKING IN CHALAKUDY
WARE HOUSE OF KERALA STATE BEVERAGES HAVING CODE NO.
U.D.C.-N.C. 2782 (UNDER SUSPENSION)], PIN - 680 123.
BY ADV SIBI THOMAS JACOB
RESPONDENT:
THE KERALA STATE BEVERAGES (MANUFACTURING AND
MARKETING) CORPORATION LTD
THIRUVANANTHAPURAM - REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, PIN - 695 013.
BY ADV. NAVEEN. T, STANDING COUNSEL.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36417 OF 2024 : 2 :
2024:KER:76987
JUDGMENT
While working in the Cadre of UDC-NC in the
Kerala State Beverages Corporation in its warehouse at
Chalakkudy, the petitioner was placed under
suspension by Ext.P1 order, pending enquiry.
Aggrieved by Ext.P1, the petitioner submitted Ext.P2
representation dated 01.10.2024 before the Managing
Director. Later, Ext.P3 memo of charges and Ext.P4
statement of allegation were issued to the petitioner.
The petitioner challenges Ext.P1 order contending that
before ordering suspension, no notice was issued and
he was not heard.
2. Heard the learned Counsel for the petitioner
2024:KER:76987
and the learned Standing Counsel for respondent.
3. Ext.P1 order of suspension was issued in
contemplation of an enquiry. Before issuing order of
suspension, it is not necessary that the petitioner
should be given notice or an opportunity of hearing.
After the issuance of Ext.P1, the petitioner has been
issued with memo of charges and statement of
allegation. The petitioner has to submit his
explanation to the memo of charges and statement of
allegation and it is for the disciplinary authority to
take further action.
Since the petitioner has submitted Ext.P2
representation requesting for revocation of his
suspension, the Managing Director of the 1 st
respondent shall consider the same in accordance with
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law, as expeditiously as possible, at any rate,
within a period of one month from the date of receipt
of a copy of this judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:76987
APPENDIX OF WP(C) 36417/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER BEARING NO.
3512/AE16/2024/KSBC DATED 26/9/2024 ISSUED BY
THE RESPONDENT TO THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED
1/10/2024 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE MEMO BEARING NO.
3512/AE16/2024/KSBC DATED 4/10/2024 ISSUED BY
THE RESPONDENT TO THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE STATEMENT BEARING NO.
3512/AE16/2024/KSBC DATED 4/10/2024 ISSUED BY
THE RESPONDENT TO THE PETITIONER.
