Kerala High Court
V.K.Viswambaran vs State Of Kerala on 7 February, 2025
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WP(C) NO. 25129 OF 2019 2025:KER:15856
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
WP(C) NO.25129 OF 2019
PETITIONERS:
V.K.VISWAMBARAN
AGED 64 YEARS, CHARGE MAN (RETD),
KERALA STATE WOOD INDUSTRIES LIMITED, NILAMBUR,
RESIDING AT VELANPARAMBIL HOSUE, VADAPURAM P.O.,
MALAPPURAM-676 542.
BY ADVS.
K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
FOREST AND WILDLIFE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA STATE WOOD INDUSTRIES LIMITED
NILAMBUR, MALAPPURAM-676 329,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV SANDESH RAJA K.
OTHER PRESENT:
SRI.E.G.GORDEN,SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 25129 OF 2019 2025:KER:15856
JUDGMENT
The petitioner, who is stated to be a former employee of
the 2nd respondent company, has filed the captioned writ
petition challenging Ext.P3 order dated 11.12.2017 issued, by
which an amount of Rs.1,01,340/- is sought to be recovered
from the Voluntary Retirement from Service (VRS) benefits
available to the petitioner.
2. The petitioner states that, while working with the
2nd respondent, he sought to obtain VRS and, ultimately,
when retirement benefits were not fixed, he approached this
Court, and pursuant thereto, by Ext.P5 judgment dated
09.04.2018, this Court noticed that a liability as against the
petitioner was already fixed, and therefore, liberty was
granted to the petitioner to challenge the liability fixation.
3. It is in the afore circumstances that the petitioner
has filed the captioned writ petition challenging the fixation
of liability by Ext.P3 dated 11.12.2017.
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4. I have heard Sri.Brijesh Mohan, learned counsel for
the petitioner, Sri.K.Sandesh Raja, learned counsel for the 2nd
respondent and Sri.E.G.Gorden, the learned Senior
Government Pleader for the 1st respondent.
5. On 29.08.2022, this Court, taking note of the
contentions raised by the petitioner that, there was no proper
notice prior to fixation of the liability, had directed the 1st
respondent to verify as to whether the fixation was with
proper notice to the petitioner.
6. On the basis of the afore directions, a counter
affidavit is seen filed from the side of the 2nd respondent
company, essentially relying upon certain details regarding 15
missing teak logs, which ultimately led to the fixation of
liability pursuant to Ext.P3. The counter affidavit further
refers to two notices issued to the petitioner, referred to in
Ext.R2(c) as well as the replies filed by the petitioner in that
regard. The counter affidavit has also produced the Minutes
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of the 93rd meeting of the Board of Directors at Ext.R2(d).
7. Sri.Brijesh Mohan, learned counsel for the
petitioner, invites the attention of this Court to the fact that
as regards the 15 missing teak logs, the petitioner had
already intimated the fact that there was no security in the
company way back in 2010 itself. He, therefore, points out
that the findings in Ext.R2(d) Minutes of the Board of
Directors have to be appreciated on that basis.
8. Ext.R2(d) Minutes of the Board of Directors, in the
beginning, states that the petitioner was in charge of the
safety, and at no point of time, the petitioner brought to the
notice of the company/management the issue as regards the
missing teak logs. However, I notice that in Ext.R2(f) minutes
of the 94th meeting of the Board of Directors, the Board has
taken a 'U' turn and has recorded that there were many
incidents of theft that occurred in the company and "some
cases have been reported by Sri.V.K.Viswambhran". Thus, the
WP(C) NO. 25129 OF 2019 2025:KER:15856
stand that the petitioner had reported about the missing teak
logs have been subsequently endorsed by the Board of
Directors also. Ext.R2(f) further has decided to report the
matter to the Government and to obtain advice from the
Government as to how the loss, as above, is to be adjusted.
However, the decision forthcoming subsequent to the afore
reference is not seen referred to anywhere.
9. It is on the basis of the afore, the ultimate
quantification at Ext.P3 dated 11.12.20217 is to be noticed. I
find that subsequent to Ext.R2(f), the method of
quantification, fixation of liability, etc. has not been discussed
or decided by the Board or the Government.
10. In such circumstances, I am of the opinion that
Ext.P3 requires to be set aside and the Government directed
to revisit the issue, taking note of the fact that the company
has since been wound up and hence, the intervention by the
Board cannot be expected at this point of time.
WP(C) NO. 25129 OF 2019 2025:KER:15856
Resultantly, this writ petition would stand allowed,
setting aside Ext.P3 dated 11.12.2017 and directing the
Government to reconsider the issue with notice to the
petitioner as well as the company, as expeditiously as
possible, at any rate, within a period of 12 weeks from today.
Based on the decision to be arrived at by the
Government, needless to say, the balance VRS amount
withheld by the Government, pursuant to Ext.P3, to be
released to the petitioner without any delay.
Sd/-
HARISANKAR V. MENON
JUDGE
Skk//25.02.2025
WP(C) NO. 25129 OF 2019 2025:KER:15856
APPENDIX OF WP(C) NO.25129 OF 2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE GOVERNMENT ORDER NO.G.O(MS)
NO.5/2009/F&WLD DATED 31.1.2009.
EXHIBIT P2 COPY OF THE NOTICE NO.KESWIL/CMD/18/08-09
DATED 6.2.2009 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P3 COPY OF THE ORDER NO.140/D3/2017/F&WLD
DATED 11.12.2017 ISSUED BY THE GOVERNMENT
TO THE PETITIONER.
EXHIBIT P4 COPY OF THE ORDER DATED 16.1.2018 IN
I.A.NO.21001/2017 IN WPC NO.7273/2013 OF
THIS HON'BLE COURT.
EXHIBIT P5 COPY OF THE JUDGMENT DATED 9.4.2018 IN WPC
NO.7273/2013 OF THIS HON'BLE COURT.
EXHIBIT P6 COPY OF THE REPRESENTATION DATED 5.12.2015
SUBMITTED BY THE PETITIONER BEFORE THE
HON'BLE MINISTER FOR FOREST DEPARTMENT.
EXHIBIT P7 COPY OF THE REPRESENTATION DATED 28.12.2010
SUBMITTED BY THE PETITIONE BEFORE THE 2ND
RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R2A TRUE COPY OF THE ADVANCE RECEIVED BY THE
PETITIONER
EXHIBIT R2(B) TRUE COPY OF THE LETTER DATED 23/6/2008
ALONG WITH ANNEXURES
EXHIBIT R2(C) TRUE COPY OF THE LETTER DATED 31/12/2013
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT
EXHIBIT R2(D) TRUE COPY OF THE MINUTES OF THE 93RD
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MEETING OF THE BOARD OF THE DIRECTORS OF
THE 2ND RESPONDENT HELD ON DATED 23/6/2014
EXHIBIT R2(E) TRUE COPY OF THE LETTER DATED 01.08.2014
GIVEN BY THE PETITIONER TO THE 2ND
RESPONDENT
EXHIBIT R2(F) TRUE COPY OF THE MINUTES OF THE 94TH
MEETING OF THE BOARD OF THE DIRECTORS OF
THE 2ND RESPONDENT HELD ON DATED 4/9/2014
