Kerala High Court
Prameela Sajikumar vs The Food And Civil Supplies Departmrnt on 5 February, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.10484 OF 2020(I)
PETITIONER:
1 PRAMEELA SAJIKUMAR
AGED 44 YEARS
W/O. SAJIKUMAR, RESIDING AT KUMAR BHAVANAM,
AYAPARAMBU P. O., CHERUTHANA, HARIPAD - 690517.
2 ANJU NAIR
AGED 24 YEARS
D/O. OMANAKUTTAN, RESIDING AT PANTHAPLAVIL,
CHERUTHANA P.O., HARIPAD - 690517.
BY ADVS.
SRI.A.JAYASANKAR
SRI.MANU GOVIND
RESPONDENTS:
1 THE FOOD AND CIVIL SUPPLIES DEPARTMRNT,
REPRESENTED BY ITS SECRETARY, GROUND FLOOR, NORTH
SANDWICH BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE KERALA STATE CIVIL SUPPLIES CORPORATION,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
KOCHI - 682 015.
3 THE VIGILANCE OFFICER
KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI
BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI - 682 015.
4 THE CHAIRMAN
AUDIT COMMITTEE, SUPPLYCO REGIONAL OFFICE,
MAVELI BHAVAN, GANDHI NAGAR, KOCHI - 682 015.
5 MAVELI STORE
SUPPLYCO, AYAPARAMBU, CHERUTHANA P. O.,
HARIPAD - 690517, REPRESENTED BY ITS SHOP MANAGER
6 R. RENUKA
THE SHOP MANAGER, MAVELI STORE, SUPPLYCO, AYAPARAMBU,
CHERUTHANA P. O., HARIPAD - 690517.
WP(C).No.10484 OF 2020 2
7 THE STATION HOUSE OFFICER
VEEYAPURAM POLICE STATION, ALAPPUZHA - 690514.
R2 BY ADV. SRI.R.LAKSHMI NARAYAN
R2-5 BY SMT.MOLLY JACOB,SC,SUPPLYCO
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.10484 OF 2020 3
JUDGMENT
This writ petition has been filed by two erstwhile daily wage employees of the Kerala State Civil Supplies Corporation ('SUPPLYCO' for short) seeking that the 3rd respondent - Vigilance Officer of the Corporation be directed to conduct an enquiry into the alleged scam they had unearthed, in which the 6th respondent - Shop Manager had a role to play.
2. Today when this matter was called, Shri.Lakshmi Narayan, learned Standing Counsel for the SUPPLYCO, submitted that the petitioners' prayer in this writ petition has been acceded to by his client and that the 3rd respondent has conducted an enquiry into the entire allegations and has settled a report, dated 23/07/2020. He submitted that a copy of the same has been produced on record along with a memo dated 01/02/2021. He, therefore, prayed that this writ petition be closed.
WP(C).No.10484 OF 2020 4
3. Shri.A.Jayasankar, learned counsel for the petitioners, submitted that though his clients had sought for an enquiry by the 3rd respondent, they have serious objections to the report now placed on record and prayed that his clients be given liberty to assail it in terms of law.
Taking note of the afore submissions and since the 3rd respondent has conducted an enquiry as prayed for by the petitioner, I close this writ petition without any further orders; however, leaving full liberty to the petitioners to initiate and pursue any appropriate remedy that may be available to them against the report placed on record by the learned Standing Counsel along with the memo dated 01/02/2021.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC WP(C).No.10484 OF 2020 5 APPENDIX OF WP(C) 10484/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DOCUMENT EVIDENCING COVERAGE OF ESI ACT IN FAVOUR OF THE 1ST PETITIONER.
EXHIBIT P1 (a) TRUE COPY OF THE DOCUMENT EVIDENCING COVERAGE OF ESI ACT IN FAVOUR OF THE 2ND PETITIONER.
EXHIBIT P2 TRUE COPY OF SCREENSHOT OF THE COMMUNICATION ISSUED FROM THE EPF AUTHORITIES FOR HAVING RECEIVED CONTRIBUTIONS FROM THE PETITIONER.
EXHIBIT P3 TRUE COPY OF BANK PASSBOOK SHOWING MONTHLY REMITTANCE TO THE 1ST PETITIONERS BANK ACCOUNT.
EXHIBIT P3 (a) TRUE COPY OF BANK PASSBOOK SHOWING MONTHLY REMITTANCE TO THE 2ND PETITIONERS BANK ACCOUNT.
EXHIBIT P4 TRUE COPY OF THE WHISTLEBLOWERS POLICY OF THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE SETTLEMENT MEMORANDUM NO.1 (2) 384/15 ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENTS 1-2 DATED 23.02.2015.
EXHIBIT P6 A TRUE PHOTOCOPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WRIT PETITION (C) NO.8622/2012 DATED 17.09.2015.
EXHIBIT P7 THE NEWSPAPER REPORT PUBLISHED ON 15.05.2020 IN KERALA KAUMUDI.
EXHIBIT P8 TRUE COPY OF THE OP RECORD OF THE HARIPAD GOVERNMENT HOSPITAL WITH NO.26711 DATED 20.05.2020.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 21.05.2020 FORM THE PETITIONERS TO THE 4TH RESPONDENT.
EXHIBIT P10 COPY OF THE RECEIPT ISSUED BY THE AREA MANAGER ON 26.6.2020 WP(C).No.10484 OF 2020 6 EXHIBIT P11 COPY OF RECEIPT NO.7983305 DATED 26.6.2020 FROM THE CHERUTHANA GRAMA PANCHAYAT. EXHIBIT P12(A) COPY OF BILLS DTED 23.6.2020 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P12(B) COPY OF BILLS DATED 24.6.2020 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P13(A) COPY OF AD CARD OF THE COMPLAINT DATED 2.6.2020 EXHIBIT P13(B) CPY OF AD CARD OF THE COMPLAINT DATED 28.5.2020 EXHIBIT P14 COPY OF THE PASS ISSUED FROM THE TALUK DEPOT EXHIBIT P15 COPY OF PHOTOGRAPH SHOWING THE PETITIONERS PACKING AT THE NSS HALL, CHERUTHANA.