Hareendran Kochothu v. Kerala Tourism Development Corporation Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 29341 of 2015 (P) ---------------------------- PETITIONER:

------------------- HAREENDRAN KOCHOTHU AGED 55 YEARS BEER UNIT OFFICER, RESTAURANT & PARLOUR, KANNUR RESIDING AT THACHILODY HOUSE, MAMBA P.O., KANNUR. BY ADVS.SRI.S.MOHAMMED AL RAFI SRI.KURIAN GEORGE KANNANTHANAM (SR.) RESPONDENTS:

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1. KERALA TOURISM DEVELOPMENT CORPORATION LIMITED REPRESENTED BY MANAGING DIRECTOR, MASCOT SQUARE P.B.NO.5424, THIRUVANANTHAPURAM - 695 033.

2. PRASAD P.S.

UNIT OFFICER, RESTAURANT AND BEER PARLOUR, QUILANDI KOZHIKODE - 673 620.

R1 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC, KTDC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-12-2015, ALONG WITH W.P.(C) 31033/2015 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29341 of 2015 (P) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE ORDER NO.KTDC/PA1/2247/2015 DATED 15.9.2015 ISSUED BY THE IST RESPONDENT EXT.P-2:

TRUE COPY OF THE ORDER NO.KTDC/PA1/2247/2015 DATED 19.9.2015 ISSUED BY THE IST RESPONDENT EXT.P-3:

TRUE COPY OF THE NEWS REPORT DATED 19.9.2015 APPEARED IN RASHTRA DEEPIKA EXT.P-4:

TRUE COPY OF THE ORDER NO.597/2015/SEC DATED 21.9.2015 ISSUED BY THE KERALA STATE ELECTION COMMISSION RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) Nos. 29341 & 31033 of 2015 ------------------------------------------ Dated this the 15th day of December, 2015

J U D G M E N T

The petitioner, an employee of the respondent Corporation, has filed W.P.(C) No.29341/2015 challenging a transfer order. The petitioner did not obtain any interim order in the above writ petition. The petitioner did not comply with the order of transfer and did not handover charge to the person who was posted in his place, on which allegation the petitioner was suspended from service, which was challenged in W.P. (C) No.31033/2015.

2.

The learned Standing Counsel appearing for the respondent Corporation submits that even the suspension order was not accepted by the petitioner.

W.P.(C) Nos. 29341 & 31033/2015 -2The petitioner himself has produced the suspension order as Ext.P4 in W.P.(C) No.31033/2015.

3.

In such circumstance, it is only appropriate that if the respondent Corporation intends to initiate proceedings, the same be completed in a time bound manner. The memo of charges shall be issued within one week from the date of receipt of the certified copy of this judgment and the petitioner shall, within ten days thereafter, submit his explanation.

The respondent Corporation or the authority issuing the charge sheet shall consider the explanation and decide on the course of action within two weeks from the date of submission of the objection; and if it is decided to initiate an enquiry proceeding, the enquiry proceedings shall be closed within two months from the date of initiation of enquiry.

W.P.(C) Nos. 29341 & 31033/2015 -3Writ petitions are disposed of. No Costs.

Sd/- K.VINOD CHANDRAN, JUDGE jjj 15/12/15