Mathew Joseph v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 WP(C).No. 12366 of 2014 (U) ---------------------------- PETITIONER(S):

----------------------- MATHEW JOSEPH, AGED 55 YEARS S/O JOSEPH, ADMINISTRATIVE ASSISTANT KERALA STATE HOMEOPATHIC CO-OPERATIVE PHARMACY LIMITED PATHIRAPALLY P.O ALAPPUZHA 688521. (RESIDING AT CHALIL HOUSE THATHAMPALLY P.O, ALAPPUZHA 688013 BY ADVS.SRI.ASOK M.CHERIAN SRI.R.ROHITH SRI.K.JANARDHANA SHENOY RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HEALTH AND FAMILY WELFATE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

2. THE KERALA STATE HOMEOPATHIC CO-OPERATIVE PHARAMACY LIMITED (NO T 432), PATHIRAPALLY P.O, ALAPPUZHA 68852 REPRESENTED BY ITS MANAGING DIRECTOR

3. THE MANAGING DIRECTOR, THE KERALA STATE HOMEOPATHIC CO-OPERATIVE PHARAMACY LIMITED (NO T 432) PATHIRAPALLY P.O, ALAPPUZHA 68852 R2-R3 BY ADV. SRI.C.A.CHACKO R BY GOVERNMENT PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.

12366 of 2014 (U) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 A TRUE COPY OF THE MEMO DATED 06-08-2012 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE HOUSE ENQUIRY REPORT DATED 22-11EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 29-11-2012 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 14-03-2013 ISSUED BY THE IST RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED 02-04-2013 OF THE 3RD RERSPONDENT EXHIBIT P6 TRUE COPY OF THE MEMO OF CHARGES DATED 29-06-2013 ISSUED BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 15-07-2013 EXHIBIT P8 A TRUE COPY OF THE FINAL SHOW CAUSE NOTICE DATED 26-04-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT, DATED 10-05-2014 RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.

R3(A) COPY OF COMMUNICATION DTD. 19.7.12 EXT.R3(B) COPY OF LETTER DTD. 16.4.13, 30.5.13 AND 18.2.14 EXTR3(C) COPY OF REPORT OF DEPARTMENT ENQUIRY EXT.R3(D) COPY OF COMMUNICATION DTD. 12.9.13.

EXT.R3(E) COPY OF LETTER DTD. 19.12.13 OF INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU EXT.R3(F) COPY OF COMMUNICATION DATED 12.10.15 WITH COVERING LETTER DATED 24.3.15.

// TRUE COPY // P.A TO JUDGE.

SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.12366 of 2014 - U ====================== Dated this the 24th day of November, 2015

J U D G M E N T

Both the counsel agreed that there is an infirmity insofar as the show cause notice at Ext.P8 has been issued for imposition of penalty, without a disciplinary enquiry. In such circumstance, Ext.P8 is set aside, however leaving open the remedy of the respondent to proceed further from the stage before Ext.P8.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB/ 24/ 11/2015 // true copy // P.A to Judge.