High Court of KeralaWP(C)/206/2015disposed of

M.Manoj v. The Secretary, Travancore Devaswom Board

2015-01-06Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 206 of 2015 (A) -------------------------- PETITIONER(S):

-------------- M.MANOJ AGED 45 YEARS S/O.LATE MAHADEVAN PILLAI, R/O HARIMANDIRAM KANDALLOOR NORTH, POTTOLI MARKET P.O KAYAMKULAM 690 531 (L.D CLERK THALAYOLAPARAMBU DEVASWOM BOARD COLLEGE) BY ADVS.SMT.A.G.ANEETHA SMT.KABANI DINESH RESPONDENT(S):

--------------

1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM 695 001

2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR PRIAYADARSHINI HILLS P.O, KOTTAYA 686 560

3. ADV.NEELIMA V NAIR DOMESTIC ENQUIRY OFFICER, TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM 695 001

4. THE PRINCIPAL,DEVASWOM BOARD COLLEGE,THALAYOLAPARAMBU,KOTTAYAM 686 605 R BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY R BY SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 206 of 2015 (A) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------- EXT.P1 :

COPY OF CHARGE MEMO DT 24/09/2012 ISSUED BY 1ST RESPONDENT EXT.P1(A) ENGLISH TRANSLATION OF EXT.P1 EXHIBIT P2 COPY OF REPLY DT 5/10/2012 GIVEN BY PETITIONER TO CHARGE MEMO EXT.P2(A) ENGLISH TRANSLATION OF EXT.P2 EXT.P3 COPY OF SHOW CAUSE NOTICE DT 23/12/2014 ENCLOSED ALLEGED ENQUIRY REPORT DT 19/7/2013 EXT.P3(A) ENGLISH TRANSLATION OF ALLEGED ENQUIRY REPORT ACCOMPANYING EXT.P3 SHOW CAUSE NOTICE EXT.P4 COPY OF REPRESENTATION DT 1-1-15 SENT IN RESPONSE TO EXT.P3 EXT.P4(A) ENGLISH TRANSLATION OF EXT.P4 RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.206 of 2015 ============================ Dated this the 06th day of January, 2015

JUDGMENT

Petitioner is working as LD Clerk under the first respondent Travancore Devaswom Board. Petitioner was served with Ext.P3 show cause notice dated 23.12.2014 as prelude to the disciplinary proceedings. The petitioner gave a detailed objection. An advocate was appointed as a Domestic Enquiry Officer. Petitioner apprehends that based on enquiry and without giving an opportunity of hearing, petitioner will be terminated from the service. Petitioner further submits that Ext.P1 does not disclose any tenable charge against the petitioner warranting major penalty.

I am of the view, whether petitioner has committed any misconduct or any other act which warrants major or minor penalty has to be decided through the enquiry proceedings. Petitioner has already raised his objections before the Domestic Enquiry Officer. I am sure that Enquiry Officer will advert to the petitioner's objections. Therefore domestic enquiry proceedings shall be concluded after giving fullest opportunity to the petitioner to contest the matter. It is made clear that if any major penalty is proposed to be imposed on the petitioner, that shall be imposed only after giving show cause notice to the petitioner. The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/06/01/15