Kerala High Court
P.Sooria Narayanan vs State Of Kerala on 25 May, 2012
Author: C.K.Abdul Rehim
Bench: C.N.Ramachandran Nair, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 14TH DAY OF JUNE 2012/24TH JYAISHTA 1934
WA.No. 1078 of 2012 () IN WPC/9478/2012
----------------------------------------
AGAINST THE JUDGMENT IN WPC.9478/2012 DATED 25-05-2012
APPELLANT/APPELLANT:
----------------------
P.SOORIA NARAYANAN
EXECUTIVE SECRETARY (NOW UNDER SUSPENSION)
MALABAR CEMENTS LIMITED, KOTTAYAM SALES OFFICE
RESIDING AT ADITYA, NETTAIKODATH HOUSE
KALAVATH ROAD, PALARIVATTOM.P.O., ERNAKULAM-682025.
BY ADVS.SRI.MURALI PURUSHOTHAMAN
SRI.DEEPU LAL MOHAN
RESPONDENT(S):
--------------
1. STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY(INDUSTRIES)
GOVERNMENT SECRETARIT
THIRUVNANTHAPURAM-605001.
2. MALABAR CEMENTS LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR
WALAYAR PALAKKAD-678624.
3. MANAGING DIRECTOR
MALABAR CEMENTS LIMITED, WALAYAR PALAKKAD-678624.
r1 BY SR. G.P. SRI.P.I.DAVIS
R2&R3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14-06-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR, &
C.K.ABDUL REHIM, JJ.
....................................................................
Writ Appeal No.1078 of 2012
....................................................................
Dated this the 14th day of June, 2012.
JUDGMENT
Ramachandran Nair, J.
Appellant is suspended on alleged irregularities. When the suspension was challenged before the learned Single Judge, Single Judge directed enquiry to be completed within three months. Before us appellant's case is that he was only a low level functionary who worked as Executive Secretary to the Managing Director and he has no serious role in management. However, counsel appearing for respondents submitted that the appellant was not just a Secretary but was engaged in managerial functions and was involved in policy decisions. It is further stated that several employees are under suspension facing enquiry. We do not think there is any scope for this court entertaining appellant's challenge against enquiry on merits because enquiry has to be done by independent agency constituted by management. Since three months' time is granted to complete the enquiry, we feel it is for the company to comply with the direction and the appellant should co-operate with the W.A. 1078/2012 2 enquiry so that enquiry is completed in three months in terms of the judgment. Writ Appeal is disposed of directing the management to keep up the schedule for completion of enquiry strictly in terms of the impugned judgment.
C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms