Kerala High Court
Dhanya R.C vs Board Of Directors Of The Ittiva ... on 11 September, 2024
2024:KER:69472
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946
WP(C) NO. 15002 OF 2023
PETITIONER:
DHANYA R.C,
AGED 42 YEARS,
W/O.SAJU V.R., RESIDING AT UTHRADAM,
AYIRAKKUZHI P.O.,KADAKKAL, KOLLAM DISTRICT- 691 559,
(SECRETARY UNDER SUSPENSION, ITTIVA AGRICULTURAL
IMPROVEMENT CO-OPERATIVE SOCIETY LTD.,
NO. Q.1553,MANNOOR P.O., CHANNAPETTA,
KOLLAM DISTRICT, PIN - 691 311.
BY ADVS.
P.N.MOHANAN
C.P.SABARI(K/973/2010)
AMRUTHA SURESH(K/000971/2016)
GILROY ROZARIO(K/399/2021)
RESPONDENTS:
1 BOARD OF DIRECTORS OF THE ITTIVA AGRICULTURAL
IMPROVEMENT CO-OPERATIVE SOCIETY LTD.,
NO. Q.1553, MANNOOR P.O.,CHANNAPETTA,
KOLLAM DISTRICT, PIN - 691 311 (REPRESENTED BY ITS
PRESIDENT).
2 ITTIVA AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY
LTD., NO.Q.1553, MANNOOR P.O., CHANNAPETTA,
KOLLAM DISTRICT, PIN - 691 311 (REPRESENTED BY ITS
SECRETARY IN CHARGE).
3 CHAIRMAN, DISCIPLINARY SUB-COMMITTEE,
ITTIVA AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY
LTD., NO.Q.1553, MANNOOR P.O.,CHANNAPETTA,
KOLLAM DISTRICT, PIN - 691 311.
W.P.(C).No.15002 of 2023
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4 HARIKUMAR R,
MELEDATHU VEEDU, OMALLOOR P.O.,
PATHANAMTHITTA DISTRICT, PATHANAMTHITTA - 689 647
(DOMESTIC ENQUIRY OFFICER , ITTIVA AGRICULTURAL
IMPROVEMENT CO-OPERATIVE SOCIETY LTD., NO. Q. 1553,
MANNOOR P.O.,CHANNAPETTA,
KOLLAM DISTRICT, PIN - 691 311).
5 ALEYAMMA P.ROY,
MEMBER OF THE MANAGING COMMITTEE,
ITTIVA AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY
LTD., NO.Q.1553, MANNOOR P.O., CHANNAPETTA,
KOLLAM DISTRICT - 691 311, RESIDING AT KEEZHUTTU
VEEDU,MANNOOR P.O., KOLLAM DISTRICT, PIN - 691 311.
BY ADVS.
T.R.HARIKUMAR
ANISON M R
P.A.RINUSA(K/000379/2009)
V.BHARGAVI (PANANGAD)(K/280/1989)
ARJUN RAGHAVAN(K/1277/2012)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
(Dated this the 11th day of September, 2024)
Petitioner has filed this writ petition to call for the records
leading to Exts.P17 and P19. Disciplinary proceedings were
initiated against the petitioner which ended in Ext.P17 enquiry
report. The chairman of the disciplinary committee issued a letter
to the petitioner on 13.04.2023 to appear before the disciplinary
committee on 24.04.2023 to submit explanation as to whether a
major punishment of termination shall not be issued against the
petitioner. Ext.P18 is the letter issued.
2. According to the petitioner, her mother was undergoing
treatment under surgery and the petitioner requested time to
appear as directed in Ext.P18 without prejudice to findings in
Exts.P17 and P18. Though some time was granted by the 1 st
respondent by Ext.P19 order dated 26.04.2023, the chairman has
issued an order terminating the service of the petitioner with
effect from 26.04.2023. The petitioner has produced Exts.P20 and
P21. Ext.P20 is the Discharge summery dated 26.04.2023 and
Ext.P21 is a request by the petitioner seeking seven days time to
reply the notice. Ext.P19 is passed on 24.04.2023 and Ext.P20
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shows that the petitioner's mother was discharged only on
26.04.2023 and therefore, it is not a deliberate attempt on the part
of the petitioner not to give a reply as directed in Ext.P18.
3. Petitioner has filed an affidavit along with I.A.No.5 of
2024, in which the paragraph stated as follows;
"It is submitted that this is petitioner is willing to
relinquish her right for reinstatement and allied benefits
since 26.04.2023 till the date on which fresh orders may be
passed by the thrid respondent after hearing the petitioner.
It is prayed that Ext.P19 may be set aside and the petitioner
may be given an opportunity of being heard before passing
final orders."
4. In view of the averments in the affidavit, I am of the
view, that the petitioner can be given an opportunity to file
objection as directed in Ext.P18 within a period of two weeks from
today and if such an objection is filed, the petitioner be given an
opportunity of hearing the Disciplinary Sub Committee and taking
consideration of the objection, shall pass appropriate orders in
accordance with law.
5. It is made clear that while accepting the affidavit, the
petitioner will not be entitled for reinstatement and any allowance
or any other benefits as averred in the affidavit. The petitioner is
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also given liberty to challenge Exts.P17. Ext.P19 order is also set
aside. It is made clear that I have not gone to the merits of the
case and it is left open. The Disciplinary Committee to pass
appropriate orders within a period of two months from the date of
receipt of the objection.
The writ petition is disposed of.
Sd/-
BASANT BALAJI
JUDGE
ADS
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APPENDIX OF WP(C) 15002/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO.10/1415 DATED
24.11.2014.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED
11.11.2016.
EXHIBIT P3 TRUE COPY OF THE SUSPENSION ORDER BEARING
NO.02/2022-23 DATED 11.07.2022.
EXHIBIT P4 TRUE COPY OF THE CHARGE MEMO TOGETHER WITH
THE CHARGE SHEET DATED 04-02-2023.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 23.12.2022 OF
THE DISCIPLINARY COMMITTEE CONVENER.
EXHIBIT P6 TRUE COPY OF THE DOMESTIC ENQUIRY REPORT
DATED 15.12.2022.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 21.11.2019 IN
W.P.(C).NO.22228/2019.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.A.NO.11/2020
DATED 13-01-2020.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER IN
W.P.(C).NO.123/2023 DATED 05-01-2023.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN
W.P.(C).NO.123/2023 DATED 27-01-2023.
EXHIBIT P11 TRUE COPY OF THE EXPLANATION TO THE 1ST
RESPONDENT ON 06.03.2023.
EXHIBIT P12 TRUE COPY OF THE REPLY TOGETHER WITH THE
EVIDENCES AND SCHEDULE OF WITNESSES DATED
22-03-2023.
EXHIBIT P13 TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND
RESPONDENT DATED 25-03-2023.
EXHIBIT P14 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER ON 30.03.2023.
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EXHIBIT P15 TRUE COPY OF THE APPLICATION DATED
03.04.2023.
EXHIBIT P16 TRUE COPY OF THE LETTER DATED 10.04.2023.
EXHIBIT P17 TRUE COPY OF THE ENQUIRY REPORT ON
11-04-2023.
EXHIBIT P18 TRUE COPY OF THE LETTER OF THE DISCIPLINARY
COMMITTEE CHAIRMAN DATED 13.04.2023.
EXHIBIT P19 TRUE COPY OF THE ORDER DATED 26-04-2023
ISSUED BY THE CHAIRMAN OF THE 1ST RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE MEDICAL SUMMARY DATED
26.04.2023 OF THE KIMS HEALTH.
EXHIBIT P21 TRUE COPY OF THE REQUEST DATED 18.04.2023
SUBMITTED BY THE PETITIONER BEFORE THE
CHAIRMAN, DISCIPLINARY SUB-COMMITTEE.
RESPONDENT EXHIBITS
EXHIBIT R1(A) A TRUE COPY OF THE PROCEEDINGS OF THE ENQUIRY
OFFICER DATED 14-03-2023.
EXHIBIT R1(B) A TRUE COPY OF THE PROCEEDINGS OF THE ENQUIRY
OFFICER DATED 22-03-2023.
EXHIBIT R1(C) A TRUE COPY OF THE PROCEEDINGS OF THE ENQUIRY
OFFICER DATED 25-03-2023.
EXHIBIT R1(D) A TRUE COPY OF THE PROCEEDINGS OF THE ENQUIRY
OFFICER DATED 30-03-2023.
EXHIBIT R1(E) A TRUE COPY OF THE PROCEEDINGS OF THE ENQUIRY
OFFICER DATED 03-04-2023.
EXHIBIT R1(F) A TRUE COPY OF THE PROCEEDINGS OF THE ENQUIRY
OFFICER DATED 05-04-2023.
PETITIONER EXHIBITS
EXHIBIT P22 TRUE COPY OF THE SCHEDULE OF WITNESSES
SUBMITTED ON 22.03.2023.
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EXHIBIT P23 TRUE COPY OF THE ACKNOWLEDGMENT CARD DULY
SIGNED BY THE ENQUIRY OFFICER.
