Kerala High Court
Thulasi P.K vs Kerala State Beverages (M&M) ... on 10 March, 2025
Author: D. K. Singh
Bench: D. K. Singh
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WP(C) NO. 26853 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946
WP(C) NO. 26853 OF 2023
PETITIONER/S:
THULASI P.K.
AGED 37 YEARS
S/O. P.C. KRISHNAN, PUTHANPURA HOUSE, KAYARADI POST,
PALAKKAD DISTRICT, PIN - 678510
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENT/S:
1 KERALA STATE BEVERAGES (M&M) CORPORATION LTD.
BEVCO TOWER, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695033
2 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE BEVERAGES (M&M) CORPORATION LTD., BEVCO
TOWER, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
3 THE GENERAL MANAGER (ADMINISTRATIVE SECTION)
KERALA STATE BEVERAGES (M&M) CORPORATION LTD., BEVCO
TOWER, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
4 INTERNAL AUDITOR
KERALA STATE BEVERAGES (M&M) CORPORATION LTD., BEVCO
TOWER, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
BY ADV NAVEEN T
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WP(C) NO. 26853 OF 2023
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who has been punished twice for alleged
misconduct committed by him in the departmental proceedings
has approached this court for the following prayers:-
"i) To issue a writ of certiorari or appropriate order or
direction calling for the records leading to Ext.P12 and
quash the same;
ii) To issue a writ of Mandamus or appropriate order or
direction directing the Respondents to reinstate the
Petitioner in service within a time frame to be fixed by
this Hon'ble Court;
iii) To dispense with filing of the translation of
vernacular documents;
iv) To grant such other relief as this Hon'ble Court deem
fit to grant in the interest of justice."
2.In both departmental proceedings, the petitioner was
inflicted with the punishment of dismissal from service. In
respect of the departmental proceedings, an appeal was
submitted before the 02nd respondent which resulted in passing
Ext.P14 order rejecting the appeal dated 25.07.2023. In respect
of the second departmental proceedings, the Ext.P16 order was
passed.
3.The learned counsel for the petitioner submits that the
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WP(C) NO. 26853 OF 2023
earlier order passed in Ext.P14 appeal should also be
reconsidered along with Ext.P16 appeal
4.Mr. Naveen, the learned Standing counsel appearing for
the respondents, does not have much objection to the request
made by the learned counsel for the petitioner.
In view thereof, the present writ petition is disposed of,
with direction to the appellate authority to consider both
appeals together and take a final decision expeditiously,
preferably within two months. Needless to say, the petitioner
shall be afforded an opportunity of hearing by the appellate
authority before taking the final decision on the appeals filed by
the petitioner against the punishment inflicted upon him.
Sd/-
D. K. SINGH
JUDGE
SJ
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WP(C) NO. 26853 OF 2023
APPENDIX OF WP(C) 26853/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT OF THE RESPONDENT
CORPORATION, NO. KSBC/WH/ALA/MD/2020-21 DATED
26/02/2021
Exhibit P2 TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT
OF ALLEGATIONS, NO. 11514/AE3(B)/2021/KSBC
DATED 12/08/2021
Exhibit P3 TRUE COPY OF THE ORDER, NO.
11514/AE3(B)/2021/KSBC APPOINTING THE ENQUIRY
OFFICER ISSUED BY THE 1 ST RESPONDENT DATED
05/12/2022
Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE ALONG WITH
CHARGE MEMO, NO. 9475/AE3(B)/2022/KSBC DATED
10/05/2022 ISSUED BY THE 1 ST RESPONDENT TO
THE PETITIONER
Exhibit P5 TRUE COPY OF THE REPLY FILED BY THE PETITIONER
BEFORE THE 1 ST RESPONDENT DATED 03/06/2022
Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE 1 ST
RESPONDENT, NO. 010702/I.A9/2022/23/K.S.B.C
DATED 27/06/2022
Exhibit P7 TRUE COPY OF THE COMMON JUDGMENT IN WP(C) NO.
24007/2022 DATED 30/08/2022
Exhibit P8 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 1
ST RESPONDENT DATED 28/09/2022 NO.
022979/I.A9/2022-23/K.S.B.C
Exhibit P9 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY
THE 1 ST RESPONDENT ALONG WITH THE CHARGE MEMO
DATED 22/11/2022 ISSUED TO THE PETITIONER,
NO.28210/AE16/2022/KSBC
Exhibit P10 TRUE COPY OF THE SHOW CAUSE NOTICE,
NO.9475/AE16/2022/KSBC ISSUED BY THE 1 ST
RESPONDENT TO THE PETITIONER DATED 18/03/2023
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WP(C) NO. 26853 OF 2023
Exhibit P11 TRUE COPY OF THE OBJECTIONS FILED BY THE
PETITIONER BEFORE THE 1 ST RESPONDENT DATED
27/03/2023
Exhibit P12 TRUE COPY OF THE PROCEEDINGS INITIATED BY THE
DATED 04/05/2023
RESPONDENT EXHIBITS
Ext.R1(a) True copy of the Report of the District Audit
Team dated 24-2-2021.
Ext.R1(b) True copy of the Enquiry Report No.
KSBC/ALVA/11514 ENQUIRY-1/2022 DATED 8-2-2023
prepared by the Enquiry Officer.
Ext.R1(c) True copy of the Enquiry Report No. KSBC/RM(C-
2)/2023 dated 10-2-2023 submitted by the
Enquiry Officer.
Ext.R1(d) True copy of the show cause notice No.
9475/AE16/2022/KSBC dated 18-3-2023 issued by
the Kerala State Beverages Corporation.
Ext.R1(e) True copy of the Proceedings No.
9475/AE16/2022/KSBC dated 17-5-2023 issued by
the Kerala State Beverages Corporation.
PETITIONER EXHIBITS
Exhibit P13 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE
2ND RESPONDENT PREFERRED IN JUNE, 2023
Exhibit P14 TRUE COPY OF THE ORDER REJECTING THE APPEAL
DATED 25-7-2023 WITH MINUTES OF THE MEETING
DATED 6-7-2023
Exhibit P15 TRUE COPY OF THE ORDER NO. 9475/AE16/2022/KSBC
PRODUCED AS EXT.R1(E), TERMINATING THE
PETITIONER FROM SERVICE ISSUED BY THE
CORPORATION DATED 17.05.2023
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WP(C) NO. 26853 OF 2023
Exhibit P16 TRUE COPY OF THE APPEAL MEMORANDUM WITH POSTAL
RECEIPT
Exhibit P17 TRUE COPY OF THE E-MAIL COMMUNICATION
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