T.Ajith Kumar v. Kerala State Civil Supplies Corporation Ltd
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 31768 of 2015 (U) ---------------------------- PETITIONER:
------------------ T.AJITH KUMAR, AGED 48 YEARS SENIOR ASSISTANT -I (UNDER SUSPENSION) SUPPLYCO SUPER MARKET SREEKARIYAM, THIRUVANANTHAPURAM RESIDING AT SANDHYA MALAR, TC 19/1894 KESAVAN NAIR ROAD, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS:
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1. KERALA STATE CIVIL SUPPLIES CORPORATION LTD. P.B.NO.2030, MAVELI BHVAN, MAVELI ROAD GANDHI NAGAR, KOCHI-682 020 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
2. CHAIRMAN AND MANAGING DIRECTOR.
KERALA STATE CIVIL SUPPLIES CORPORATION LTD., P.B.NO.2030 MAVELI BHVAN, MAVELI ROAD, GANDHI NAGAR KOCHI-682 020.
3. THE ADDITIONAL GENERAL MANAGER (P & A) KERALA STATE CIVIL SUPPLIES CORPORATION LTD, P.B.NO.2030 MAVELI BHVAN, MAVELI ROAD, GANDHI NAGAR KOCHI-682 020.
4. THE REGIONAL MANAGER THIRUVANANTHAPURAM KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
REGIONAL OFFICE, MAVELI TOWER, SISUVIHAR ROAD SASTHAMANGALAM P.O., THIRUVANANTHAPURAM.
BY SMT.MOLLY JACOB, SC, SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31768 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------- EXT.P1 - COPY OF THE ORDER NO.T9-4353/14 DATED 29/09/2014 OF THE 4TH RESPONDENT.
EXT.P2 - COPY OF DEMAND NOTICE NO.LAW7.32972/14 DATED 19/11/2014 ISSUED TO THE PETITIONER BY THE MANAGER (AUDIT & INSPECTION).
EXT.P3 - COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE MANAGER (AUDIT & INSPECTION) DATED 08/12/2014.
EXT.P4 - COPY OF THE MEMO OF CHARGES NO.D21-28575/14(1) DATED 23/01/2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXT.P5 - COPY OF THE WRITTEN STATEMENT DEFENCE DATED 20/03/2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXT.P6 - COPY OF THE ORDER NO.T9-2379/15(2) DATED 07/08/2015 OF THE 4TH RESPONDENT.
EXT.P7 - COPY OF THE APPEAL FILED BY THE PETITIONER DATED 18/09/2015 BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp
K. VINOD CHANDRAN, J.
--------------------------------------- W.P(C). No.31768 of 2015 --------------------------------------- Dated this the 28th day of October, 2015.
JUDGMENT
The petitioner is aggrieved with the fact that the petitioner has been suspended pursuant to Ext.P1 order and has not been re-instated in service only for the reason of the liability sought to be fixed as per Ext.P4 has not been paid.
2. The learned Standing Counsel for the Corporation would contend that the payment of the amounts demanded in Ext.P4 is not the only reason, which has been stated in Ext.P6 and it has also been stated that the petitioner has to be kept under suspension for reason of the pending enquiry proceedings. In any event, the petitioner has filed an appeal produced at Ext.P7 from the order at Ext.P6. It is made clear that the petitioner cannot be coerced into making the payment before the enquiry is over. Hence, that ground in Ext.P6 will not be available.
WP(C) No.31768 of 2015
3. The Appellate Authority would consider whether in the context of the pending enquiry proceedings, the suspension has to be continued or not, de hors the fact that the petitioner has not paid the amounts, which is sought to be fixed as liability in Ext.P4.
The Appellate Authority would consider the appeal and pass orders after hearing the petitioner. The petitioner shall appear before the Office of the Managing Director on 09.11.2015, on which a hearing date shall be given to the petitioner within a period of two weeks therefrom and acknowledgment received in person. The issue shall be considered and disposed of within two weeks from the date of hearing.
The writ petition is disposed of.
Sd/- K. VINOD CHANDRAN, JUDGE.
//True Copy// P.A. to Judge.
sp/28/10/15