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Kerala High Court

Shanavas Khan vs The Kerala State Beverages (M And M) ... on 5 November, 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

    MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940

                        WP(C).No. 35616 of 2018



PETITIONER/S:


                SHANAVAS KHAN
                AGED 50 YEARS
                ABKARI WORKER, EMPLOYEE CODE NO.10002, FL 1-02039,
                MADATHARA, KOTTARAKKARA, UNDER ORDERS OF SUSPENSION,
                RESIDING AT PME HOUSE, KOLLAYIL, KOLLAYIL POST
                691541, CHITHARA, KOTTARAKKARA, KOLLAM DISTRICT.

                BY ADV. SRI.P.K.VIJAYAMOHANAN



RESPONDENT/S:
       1      THE KERALA STATE BEVERAGES (M AND M) CORPORATION LTD
              BEVCO TOWER, VIKAS BHAVAN P.O, PALYAM,
              THIRUVANANTHAPURAM -695033, REPRESENTED BY THE
              MANAGING DIRECTOR.

      2         THE REGIONAL MANAGER
                K S B C WAREHOUSE, VALANJAVATTOM, PODIVADI P.O.,
                THIRUVALLA - 689 101.

      3         SUGATHAN.G.
                NANDU BHAVAN, KOKKADU, KALLADAKARIKKAKOM, MADATHARA
                P.O. - 691 541, KOTTARAKKARA, KOLLAM DISTRICT.



OTHER PRESENT:
             SRI.T.NAVEEN,SC


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       P.V.ASHA, J.
                                --------------------------
                            W.P(C) No.35616 of 2018-B
                        -------------------------------------------
                      Dated this the 5th day of November, 2018

                                   JUDGMENT

Aggrieved by Ext.P3 order of suspension, the petitioner has submitted Ext.P4 review petition requesting to revoke the suspension before the 1 st respondent. Ext.P3 order was passed on 24.9.2018 and Ext.P4 representation has been submitted on 4.10.2018.

2. The learned Standing Counsel points out that there is no provision for appeal against the order of suspension.

In the above circumstances, the writ petition is disposed of directing the Managing Director of the 1st respondent to consider and pass orders on Ext.P4 representation after affording an opportunity of hearing to the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment.

Sd/-

(P.V.ASHA, JUDGE) rtr/ APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.KSBC/SEC/2017- 18/CA-423 DATED 01/01/2018 OF 1ST RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT DATED 15/08/2018 OF THE THIRD RESPONDENT BEFORE THE HONOURABLE MINISTER FOR EXCISE.
EXHIBIT P3 THE TRUE COPY OF THE SUSPENSION ORDER NO.15360/AE 3(B)/2018/K SBC DATED 24/09/2018.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED 04/10/2018 OF THE PETITIONER BEFORE THE FIRST RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE ACKNOWLEDGMENT OF EXHIBIT P4 AT THE OFFICE OF THE FIRST RESPONDENT.