Kerala High Court
Biju Joseph vs State Of Kerala on 22 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
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WP(C) NO. 36692 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 36692 OF 2024
PETITIONER/S:
BIJU JOSEPH
AGED 54 YEARS
S/O. M.S JOSEPH, (U.D.C- N.C-ID NO.2438), FL-1 6022,
KOCHARA, RESIDING AT MANARKATTU, KUMILY, PEERUMEDU,
IDUKKI DISTRICT, PIN - 685509
BY ADVS.
JOBY JOSEPH
BABY THOMAS
INDRAJITH S KAIMAL
ALICIA JOSE
GEORGE T.J
AISWARYARAJ
JOHNY GEORGE
ALBERTHOVE FRANCIS.M.G.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,,
PIN - 682031
2 KERALA STATE BEVERAGES CORPORAATION
REPRESENTED BY ITS GENERAL MANAGER, BEVCO TOWER,
PALAYAM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -
695033
3 THE GENERAL MANAGER (ADMINISTRATION)
KERALA STATE BEVERAGES CORPORAATION, BEVCO TOWER,
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WP(C) NO. 36692 OF 2024
PALAYAM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -
695033
4 THE CHAIRMAN & MANAGING DIRECTOR
KERALA STATE BEVERAGES CORPORAATION, BEVCO TOWER,
PALAYAM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -
695033
5 THE MANAGER
KERALA STATE BEVERAGES CORPORAATION, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685584
BY SC - SRI. NAVEEN
BY SR.G.P. SMT. MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 36692 OF 2024
JUDGMENT
The petitioner is working as Upper Division Clerk
in the Kerala State Beverages Corporation, the 2 nd
respondent. He has filed this writ petition challenging
Ext.P1 order of suspension dated 04.10.2024 passed by
the 4th respondent. The petitioner states that he is not
guilty of the charges alleged in the order of suspension
and it has been passed without conducting a preliminary
enquiry.
2. Heard the learned counsel for the petitioner
and the learned standing counsel for the respondents 2
to 5.
3. The learned standing counsel for the
Beverages Corporation submits that Ext.P1 order was
issued in contemplation of disciplinary proceedings and
that the petitioner has been issued with a memo charges
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WP(C) NO. 36692 OF 2024
and statement of allegation and that a decision will be
taken on the basis of the explanation to be submitted
by the petitioner.
In the meanwhile it will be open to the petitioner
to make necessary application to revoke the order of
suspension. If the petitioner makes an application for
revocation of the order of suspension within a period of
one week from today, the 4th respondent shall consider
the same in accordance with law and pass appropriate
orders within a period of one month from the date of
receipt of such application. All the contentions of the
petitioner in the writ petition are left open.
With this direction, the writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
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WP(C) NO. 36692 OF 2024
APPENDIX OF WP(C) 36692/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE ORDER OF SUSPENSION DATED
04.10.2024 PASSED BY THE 4TH RESPONDENT.
Exhibit P2 A COPY OF THE EXPLANATION DATED 08.10.2024
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT.
Exhibit P3 A COPY OF THE LETTER DATED 13.06.2024
SUBMITTED BY THE PETITIONER AND OTHERS TO THE
5TH RESPONDENT.
Exhibit P4 A TRUE COPY OF THE BANK RECEIPT DATED
20.06.2024 EVIDENCING REMITTANCE OF
RS.42,860/-.
Exhibit P5 A TRUE COPY OF THE BANK RECONCILIATION
STATEMENT AS ON APRIL 2024
Exhibit P6 A TRUE COPY OF THE BANK RECONCILIATION
STATEMENT AS ON JUNE 2024
