P.Sasidharan Nair v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 ---------------------------- PETITIONER:

-------------------- P.SASIDHARAN NAIR AGED 46 YEARS ADMINISTRATIVE OFFICER KERALA STATE COUNCIL FOR CHILD WELFARE, THYCAUD THIRUVNANTHAPURAM (UNDER SUSPENSION) RESIDING AT LALITHA VILASOM TC 49/100 MUDAVANMUGAL , POOJAPPURA THIRUVANANTHAPURAM BY ADVS.SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL JUSTICE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN 695001

2. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM ADMINISTRATOR IN CHARGE KERALA STATE COUNCIL FOR CHILD WELFARE, THYCAUD THIRUVANANTHAPURAM, PIN 695014

3. KERALA STATE COUNCIL FOR CHILD WELFARE THYCAUD, THIRUVANANTHAPURAM, PIN 695014 REPRESENTED BY ITS ADMINISTRATOR IN CHARGE

4. CHEMPAZHANTHI ANIL INDEEVARAM, UDAYANNUR DEVI KSHETHRAM ROAD MARUTHAMKUZHI, KANJIRAMPARA PO THIRUVNANTHAPURAM 695009 R3 BY ADV. SRI.BLAZE K. JOSE, SC, KSCCW R3 BY ADV. SRI.K.JAJU BABU (SR.) R3 BY ADV. SMT.M.U.VIJAYALAKSHMI, SC, KSCCW R1-R2 BY GOVERNMENT PLEADER SMT. M.J. RAJASREE R BY SMT.M.U.VIJAYALAKSHMI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE RELEVANT EXTRACT OF BYE LAWS OF THE 3RD RESPONDENT P2:

TRUE COPY OF THE RELEVANT EXTRACT OF SERVICE RULES PERTAINING TO THE KERALA STATE COUNCIL FOR CHILD WELFARE P3:

TRUE COPY OF THE GO.(RT) NO.179/2012/SWD DATED 29.03.2012 P4:

TRUE COPY OF THE ORDER NO.562/2014/KSCWS DATED 07.02.2014 P5:

TRUE COPY OF THE ORDER NO. 7688/C2.2013/ SJD DATED 25.04.2014 P6:

TRUE COPY OF THE PROCEEDINGS NO. A6/34037/2014 (1)DATED 22.05.2014 P7:

TRUE COPY OF THE JUDGMENT IN WPC.NO.13293/2014 DATED 10.03.2015 P8:

TRUE COPY OF THE JUDGMENT DATED 26.11.2014 OF THIS HON'BLE COURT IN WP.NO.2783/2012 P9:

TRUE COPY OF THE ORDER NO. 81/2015/KSCCCW DATED 18.04.2015 P10:

TRUE COPY OF THE GO(RT)NO.4043/2015/GAD DATED 30.05.2015 P11:

TRUE COPY OF THE GO(RT) NO.418/2015 SJD DATED 02.07.2015 P12:

TRUE COPY OF THE COMPLAINT FILE BY THE 4TH RESPONDENT ALONG WITH THE SOME PROFESSIONAL BILLS, ENCLOSED ALONG WITH EXT P11 ORDER DATED 02.07.2015 P13:

TRUE COPY OF THE INTERIM ORDER DATED 27.05.2014 OF THIS HON'BLE COURT IN WPC.NO.13293/2014 P14:

TRUE COPY OF THE PROFESSIONAL BILL, SUBMITTED BY THE STANDING COUNCIL SRI.BLAZE K. JOSE RELATING TO WA 687/2013 P15:

TRUE COPY OF THE PROFESSIONAL BILL SUBMITED BY THE STANDING COUNSEL SRI.BLAZE K. JOSE RELATING TO WPC 15549/2013 P16:

TRUE COPY OF THE PROFESSIONAL BILL SUBMITED BY THE STANDING COUNSEL SRI.BLAZE K. JOSE RELATING TO WPC 11898/2012 P17:

TRUE COPY OF THE PROFESSIONAL BILL SUBMITED BY THE STANDING COUNSEL SRI.BLAZE K. JOSE RELATING TO WPC 14657/2012 ...2

-2P18:

TRUE COPY OF THE PROFESSIONAL BILL SUBMITED BY THE STANDING COUNSEL SRI.BLAZE K. JOSE RELATING TO WPC 12799/2012 P19:

TRUE COPY OF THE PROFESSIONAL BILL SUBMITED BY THE STANDING COUNSEL SRI.BLAZE K. JOSE RELATING TO WPC 10737/2012 P20:

TRUE COPY OF THE PROFESSIONAL BILL SUBMITED BY THE STANDING COUNSEL SRI.BLAZE K. JOSE RELATING TO WPC 2783/2012 P21:

TRUE COPY OF THE PROFESSIONAL BILL SUBMITED BY THE STANDING COUNSEL SRI.BLAZE K. JOSE RELATING TO WA 695/2013 P22:

TRUE COPY OF THE PROFESSIONAL BILL SUBMITED BY THE STANDING COUNSEL SRI.BLAZE K. JOSE RELATING TO WA 694/2013 P22A TRUE COPY OF THE RELEVANT PAGE OF THE NOTE FILE EVIDENCING PAYMENT OF PROFESSIONAL FEES TO BLAZE K GEORGE P22B TRUE COPY OF THE RELEVANT PAGE OF THE NOTE FILE EVIDENCING PAYMENT OF PROFESSIONAL FEES TO BLAZE K GEORGE P23:

TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 6959/2013 RESPONDENTS' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 20874 of 2015 (H) ------------------------------------------ Dated this the 26th day of October, 2015

J U D G M E N T

The petitioner, who is employed under the 3rd respondent, is aggrieved with Ext.P11 order of suspension issued by the 1st respondent.

2.

The order at Ext.P11 keeps the petitioner under suspension on allegations of misappropriation of funds. However, till date no charge sheet has been issued. It is also not clear as to who is the appointing authority of the petitioner and whether the 1st respondent is competent to issue the order at Ext.P11. In any event, the petitioner seems to have been kept out of service for more than three months, without even a charge sheet being issued. 3.

The learned counsel for the 3rd respondent appears and submits that when Ext.P12 complaint was forwarded to the Office of the Chief Minister, the 3rd respondent had filed a report regarding the same, pursuant

W.P.(C) No. 20874/2015 -2to which the suspension order emanated from the 1st respondent Government itself. The District Collector is said to be the Administrator-in-charge and this Court is unable to find any authority on the 1st respondent to issue an order as issued at Ext.P11.

4.

Following the dictum laid down in Ajay Kumar Choudhary v. Union of India - AIR 2015 SC 2389; the order of suspension is found to be bad for the reason that it has gone beyond three months and the petitioner has been kept out of service, even without issuance of a charge memo.

5.

In such circumstance, the 3rd respondent shall immediately reinstate the petitioner. Ext.P11 would be set aside. If the 3rd respondent Council is of the opinion that proceedings are to be taken against the petitioner on the basis of the allegations, then, necessarily, charge sheet would have to be issued and appropriate proceedings taken in accordance with law.

W.P.(C) No. 20874/2015 -3Leaving such liberty, the writ petition is allowed setting aside Ext.P11.

Sd/- K.VINOD CHANDRAN, JUDGE jjj 26/10/15