[Cites 1, Cited by 0]
Kerala High Court
Gireesan T vs Managing Director on 3 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:92999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
WP(C) NO. 36107 OF 2025
PETITIONER:
GIREESAN T
AGED 49 YEARS
S/O THANKAPPAN, WORKING AS JUNIOR ASSISTANT,
KERALA STATE CIVIL SUPPLIES CORPORATION
(NOW UNDER SUSPENSION)
RESIDING AT THUNDUVILA VEEDU, PULLANTHERI,
KARAKKONAM P.O THIRUVANANTHAPURAM DISTRICT,
PIN - 695504
BY ADVS.
SHRI.C.S.AJITH PRAKASH
SHRI.T.K.DEVARAJAN
SHRI.BABU M.
SMT.ANCY THANKACHAN
SMT.KRISHNENDU.D
SHRI.XAVIER K.K.
RESPONDENTS:
1 MANAGING DIRECTOR
KERALA STATE CIVIL SUPPLIES CORPORATION (SUPPLYCO)
MAVELIBHAVAN GANDHINAGAR KADAVANTHRA
ERNAKULAM KOCHI, PIN - 682020
2 GENERAL MANAGER
KERALA STATE CIVIL SUPPLIES CORPORATION (SUPPLYCO),
MAVELIBHAVAN GANDHINAGAR KADAVANTHRA
ERNAKULAM, KOCHI, PIN - 682020
2025:KER:92999
W.P.(C) No.36107/2025
:2:
3 ADDITIONAL GENERAL MANAGER (AGM P & A)
SUPPLYCO MAVELIBHAVAN, GANDHINAGAR,
KADAVANTHRA, ERNAKULAM KOCHI, PIN - 682020
4 REGIONAL MANAGER
THIRUVANANTHAPURAM , SUPPLYCO REGIONAL OFFICE
MAVELI TOWER, SISU VIHAR ROAD, VAZHUTHAKKADU,
SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM, PIN - 695010
5 DEPOT MANAGER
SUPPLYCO DEPOT NEYYATTINKARA AMARAVILA
JUNCTION, AMARAVILA PO, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695122
6 JUNIOR MANAGER
SUPPLYCO DEPOT NEYYATTINKARA AMARAVILA
JUNCTION, AMARAVILA PO, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695122
BY ADV.
SHRI.SANTHOSH PETER (MAMALAYIL)
SMT. MOLLY JACOB, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 27.11.2025, THE COURT ON 03.12.2025 DELIVERED
THE FOLLOWING:
2025:KER:92999
W.P.(C) No.36107/2025
:3:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.36107 of 2025
`````````````````````````````````````````````````````````````
Dated this the 3rd day of December, 2025
JUDGMENT
~~~~~~~~~
The petitioner, who is working as Junior
Assistant in the Kerala State Civil Supplies Corporation
Limited, who is now under suspension, seeks to quash the
suspension order as the allegations are baseless, malicious,
vindictive and framed on false story intended only to keep
away the petitioner from service as a revenge for challenging
the order of transfer.
2. The petitioner states that when he was
transferred, he filed W.P.(C) No.18043/2025 challenging the
transfer. The writ petition is still pending before this Court.
2025:KER:92999
The petitioner was working in Udayakulangara Supermarket
on 12.08.2025. As he felt physical uneasiness, he left the
office after placing an application for casual leave for the
afternoon of 12.08.2025 and forenoon of 13.08.2025. The
petitioner arrived at the office in the afternoon of 13.08.2025.
When he proceeded to Federal Bank, Neyyattinkara for
remittance of sales proceeds, he was informed that the
General Manager of the Corporation has arrived at the shop
for inspection. After inspection, the General Manager did not
note any remarks.
3. Next day, the Junior Manager of
Neyyattinkara Depot made an inspection. The Junion
Manager made a finding that there is a difference to the tune
of 2.5 Kg. in the quantity of dry chilly, three damaged
pouches of Kera Coconut Oil, one packet of cumin seed and
one packet of pepper powder. The petitioner was made to
pay ₹2,382/-. The inspecting officer took away 14 Registers.
The Registers were returned after two days.
2025:KER:92999
4. To the surprise of the petitioner, he was
served with Ext.P7 suspension order. Ext.P7 has been
issued on baseless grounds, contends the petitioner. False
and fabricated allegations were made in Ext.P7. The 5th
respondent, as per Ext.P9 order, directed the petitioner to
handover the charge of OIC to the ASM. Even at the time of
handing over of charge, there was no variation in the stock of
any item or cash.
5. The petitioner states that Ext.P7 suspension
order is illegal. Ext.P6 inspection report, based on which he
is suspended, contains unsustainable conclusions. The
findings in the enquiry report, on the face of them, are
incorrect. In the facts of the case, suspension of the
petitioner pending disciplinary proceedings is unwarranted.
There are no serious allegations against the petitioner that
could lead to major penalty and requiring suspension,
contended the petitioner.
2025:KER:92999
6. The petitioner therefore seeks to direct
respondents 1 and 2 to place the petitioner in the same
station or in any nearby places as the petitioner is the only
person to look after his aged mother suffering from various
ailments.
7. The respondents opposed the writ petition.
The 1st respondent filed a counter affidavit. The 1st
respondent stated that the petitioner remained absent
unauthorisedly from duty on 12.08.2025 and 13.08.2025.
The petitioner was negligent in supervision. By his improper
handling of expired and damaged stock, the Corporation has
suffered financial loss. The attendance register was seen
tampered. Supervisory remarks entered in the attendance
register in red ink by higher officers had been erased using
whitener. The petitioner has committed serious breach of
service discipline.
8. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing the
2025:KER:92999
respondents.
9. The petitioner stands suspended in
contemplation of disciplinary proceedings. The allegation
against the petitioner is that name of daily packing employees
are not entered in the muster roll. Personnel cash
declaration register, damage register, etc. are not properly
maintained. Directions issued to OICs regarding cleanliness
are not fully implemented. The direction to verify stock on
20th of every month was not carried out by the petitioner.
10. In this writ petition, the petitioner is
challenging the suspension order contending that the charges
levelled against him are factually unsustainable. Such factual
adjudication exercise cannot be carried out by this Court
under Article 226 of the Constitution of India. The defence, if
any, of the petitioner with regard to the charges levelled
against him, has to be put forth in the disciplinary enquiry
proceedings contemplated. The charges levelled against the
petitioner are sufficient to justify the order of suspension.
2025:KER:92999
11. In the facts of the case, I am not inclined to
interfere with the suspension order.
The writ petition is, however, disposed of
directing the respondents to conclude the disciplinary
proceedings contemplated against the petitioner within a
period of three months from the date of receipt of a copy of
this judgment.
Sd/-
N. NAGARESH, JUDGE
aks/01.12.2025
2025:KER:92999
APPENDIX OF WP(C) NO. 36107 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE IDENTITY CARD
BEARING EMPLOYEE CODE CSCC00648
Exhibit P2 . A TRUE COPY RELEVANT PAGE OF
ADMISSION REGISTER KEPT IN THE OFFICE
OF PPM HIGH SCHOOL KARAKONAM DATED
13.07.2007 SHOWING THAT THE PETITIONER
BELONGS TO CHERAMAR COMMUNITY (SC)
Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT NO KSCSE/2382/2025- D10
(ADMN) DATED 22.03.2025
Exhibit P4 A TRUE COPY OF THE PROCEEDINGS OF THE
ASSISTANT MANAGER, NEYYATTINKARA DEPOT
NO A1-01.2024 DATED 8.5.2025
Exhibit P5 A TRUE COPY OF THE ORDER DATED
9.5.2025 IN WP(C) 18043/2025
Exhibit P6 A TRUE COPY OF THE INSPECTION REPORT
OF THE JUNIOR MANAGER DATED 14.08.2025
Exhibit P7 A TRUE COPY OF THE ORDER NO
KSCSE6565/2025/D21(DISP) DATED
21.08.2025 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER
Exhibit P8 A TRUE COPY OF THE CIRCULAR NO 16/2012
DATED 27.09.2012 BY THE 1ST RESPONDENT
Exhibit P9 A TRUE COPY OF THE ORDER NO A1-01/2024
DATED 22.08.2025 ISSUED BY 5TH
RESPONDENT WITH ITS TYPED COPY
Exhibit P10 A TRUE COPY OF THE REPORT OF THE
CHARGE HAND OVER IN THE PROFORMA BY
THE PETITIONER TO SMT. SHEEBA S.L
DATED 23.08.2025
Exhibit P11 A true copy of the charge memo and
statement of allegations No. nil dated
09.10.2025
Exhibit p12 . A true copy of the reply to the
charge memo submitted by the
petitioner before 3rd respondent
