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High Court of KeralaWP(C)/4081/2015disposed of

C.N.Manikandakumar v. Travancore Devaswom Board, Rep. By Its Secretary

2015-02-16Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 4081 of 2015 (I) --------------------------- PETITIONER(S):

---------------------- C.N.MANIKANDAKUMAR, AGED 41 YEARS, S/O.K.V. NARAYANAN NAMBOODIRI, MANIKANDA BHAVANAM, THIRUVANCHOOR P.O., KOTTAYAM (WORKING AS MELSANTHI, PUTHIYATHRIKOVIL TEMPLE KOTTAYAM GROUP).

BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S):

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

1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NATHANCODE, THIRUVANANTHAPURAM - 695 003.

2. SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

3. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

4. ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOTTAYAM-686 001.

5. ADMINISTRATIVE OFFICER, THIRUNNAKKARA, TRAVANCORE DEVASWOM BOARD, KOTTAYAM - 686 001. BY SRI.A.N.RAJAN BABU, STANDING COUNSEL, TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4081 of 2015 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE MEDICAL CERTIFICATE DATED 08/07/2014 ISSUED TO PETITONER FROM CHITHIRA MEDICAL CENTRE AYARKUNNAM. EXHIBIT P2:

TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO PETITIONER FROM ST.MARY'S HOSPITAL, MANARCAD DATED 10/07/2014. EXHIBIT P3:

TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT.

EXHIBIT P4:

TRUE COPY OF THE REPLY SENT BY PETITIONER TO EXHIBIT P3 DATED 14/07/2014.

EXHIBIT P5:

TRUE COPY OF THE ORDER ROC NO.12015/14/S DATED 09/07/2014 ISSUED BY 3RD RESPONDENT.

EXHIBIT P6:

TRUE COPY OF THE APPEAL AGAINST EXHIBIT-P5 ORDER OF SUSPENSION FILED BY PETITIONER BEFORE THE FIRST RESPONDENT BOARD DATED 12/09/2014.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE.

Sou.

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.4081 of 2015 ============================ Dated this the 16th day of February, 2015

JUDGMENT

Petitioner while working as Melsanthi in Puthiyathrikovil Temple, Kottayam was suspended from service alleging dereliction of duty. This suspension order was passed on 16.07.2014. Petitioner submits that there is no justification in placing him on suspension for such a long period. It is submitted by learned counsel for the petitioner that nature of allegation against him would show that there are no serious grounds to proceed against him.

2.

Learned Standing Counsel submits that the allegations against the petitioner are serious in nature and it is not conducive for the Devaswom Board to allow him to continue in the post of Santhikaran.

3.

It is admitted that disciplinary proceedings are going on. I am of the view, disciplinary proceedings if not completed within a period of six weeks from the date of receipt of a copy of this judgment, petitioner shall be reinstated in service on expiry of the above period. The reinstatement if any, shall be without

W.P(C).No.4081 of 2015 prejudice to the disciplinary proceedings initiated against the petitioner.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/18/02/15