Kerala High Court
P.K.Thampi(Abkari Worker) vs State Of Kerala on 30 October, 2018
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940
WP(C).No. 32747 of 2018
PETITIONER/S:
P.K.THAMPI(ABKARI WORKER)
AGED 55 YEARS,
POOVATHUMKADAVIL HOUSE,
KAITHARAM P.O,
NORTH PARAVOOR,
WORKING AS SHOP IN CHARGE,
KERALA STATE BEVERAGES(M AND M) CORPORATION ,
FL-1-7043,
VADAKKEKARA
BY ADVS.
SRI.C.S.AJITH PRAKASH
SRI.FRANKLIN ARACKAL
SRI.M.B.SOORI
KUM.NEETHU SOMAN
SRI.PAUL C THOMAS
SRI.T.K.DEVARAJAN
SRI.UNNI NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
2 KERALA STATE BEVERAGES(M & M)CORPORATION LTD,
BEVCO TOWER,
VIKAS BHAVAN.P.O,PALAYAM,
THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS MANAGING DIRECTOR.
3 REGIONAL MANAGER,C2
KERALA STATE BEVERAGES(M & M)CORPORATION LTD
REGIONAL OFFICE,PATTANCHERY LANE,
POONITHURA.P.O-682038.
WP(C).No. 32747 of 2018
2
4 THE WAREHOUSE MANAGER
KERALA STATE BEVERAGES (M & M)CORPORATION LTD
WAREHOUSE,CHOONDY,ALUVA-683101.
BY ADVS. SRI.NAVEEN.T., SC,
KERALA STATE BEV.CO. M. AND M.
SRI.BIJOY CHANDRAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32747 of 2018
3
JUDGMENT
Petitioner, who is working as a Shop-in- Charge of Shop No.FL-01-7043, Vadakekara near North Paravoor is aggrieved by Ext.P9 order by which he was placed under suspension alleging serious dereliction of duty in connection with submission of reports regarding stock, etc. his acts immediately before and after the re-opening of the shop after the recent flood.
2. The petitioner submits that the shop was remaining closed on account of flood from 15th August, 2018 to 2nd September, 2018 and according to him he has not committed any misconduct warranting suspension.
3. Ext.P9 order was passed on the basis of an inspection report submitted by the Finance Manager after site inspection and taking a statement from petitioner as well as other superior officers in the District Audit Team. As per Ext.P9 order, the Assistant Manager of WP(C).No. 32747 of 2018 4 District Audit as well as the Warehouse Manager were also placed under suspension along with petitioner.
4. The respondents have filed a counter affidavit pointing out the loss caused to the respondents on account of the flood and the requirement to get the insurance claims for which reports had to be submitted in time. The respondents have produced various documents justifying the suspension and the petitioner has filed a reply affidavit disputing the same.
5. However, I do not go into all these aspects as these are all matters to be substantiated/considered in the disciplinary proceedings. One month has already passed since the order of suspension. It is seen that one or more verification of the stock in the shop is already over by this time. Petitioner submits that so far memo of charge is not issued.
6. In the above circumstances, I direct the Managing Director of 2nd respondent to consider WP(C).No. 32747 of 2018 5 whether the continued suspension of petitioner is necessary pending finalisation of the disciplinary action, against him. The petitioner will be free to submit a representation before the 2nd respondent seeking a review of the suspension. The 2nd respondent shall consider the same and pass order, taking into account the fact that petitioner is also a person who is a victim of flood and his retention under suspension may not be proper in the circumstances of the case. It is made clear that I have not gone into the merits of the case leading to the suspension. This direction is issued only because it is seen that petitioner is also from the seriously affected area.
The 2nd respondent shall take necessary steps to finalise the disciplinary proceedings also as expeditiously as possible. Orders shall be passed on the application for review of suspension within a period of three weeks from the date of receipt of a copy of the application WP(C).No. 32747 of 2018 6 from petitioner.
This writ petition is disposed of
accordingly. Sd/-
P.V.ASHA
JUDGE
WW
WP(C).No. 32747 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERITICATE DATED
28.09.2018 ISSUED BY THE VILLAGE OFFICER, KOTTUVALLY.
EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 16.08.2018 ISSUED BY THE PRESIDENT OF THE KERALA STATE BEVERAGES CORPORATION EMPLOYEES CONGRESS, STATE COMMITTEE TO THE HON'BLE EXCISE MINISTER.
EXHIBIT P3 A TRUE COPY OF THE NEWS ITEM APPEARED IN THE INTERNET EDITIION OF 'THE HINDU' UPDATED 0N 16.08.2018.
EXHIBIT P4 A TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR DCDK/6449/18/DMI/(4)DATED 15.08.2018.
EXHIBIT P5 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE DAMAGE SUFFERED TO THE SHOP.
EXHIBIT P6 A TRUE COPY OF THE LETTER ISSUED BY THE SHO NORTH PARAVOOR POLICE STATION DATED
20.O9.2018.
EXHIBIT P7 A TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE WAREHOUSE MANAGEMENT,KSBC. EXHIBIT P8 A TRUE COPY OF THE REPORT SUBMITTED BEFORE THE FINANCE DAPARTMENT FROM THE WAREHOUSE ALUVA.
EXHIBIT P9 A TRUE COPY OF THE ORDER NO.16696/AE3/AE7/ 2018/K.S.B.C.DATED 24.09.2018. EXHIBIT P10 A TRUE COPY OF THE LETTER DATED 06.09.2018 ISSUED ON 27.09.2018 BY THE WAREHOUSE MANAGER,ALUVA.
EXHIBIT P11 TRUE COPY OF PHOTOGRAPHS OF THE DAMAGED LIQUOR BOTTLES STORED IN THE PREMISES OF THE SHOP.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF THE INSPECTION REGISTER MAINTAINED IN THE FL1 SHOP IN QUESTION FROM 24.09.2018 TO 12.10.2018.
WP(C).No. 32747 of 20188 RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE CIRCULAR DATED 3-9-2018 ISSUED BY THE CORPORATION.
EXHIBIT R2(B) TRUE COPY OF THE COMMUNICATION DATED 6-9- 2018 ISSUED BY THE CORPORATION.
EXHIBIT R2(C) TRUE COPY OF THE COMMUNICATION DATED 11-9- 2018 ISSUED BY THE CORPORATION.
EXHIBIT R2(D) TRUE COPY OF THE REPORT SUBMITTED BY THE FINANCE MANAGER.