Kerala High Court
Unknown vs By Sri.Kurian George Kannanthanam on 9 August, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 19TH DAY OF JANUARY 2018 / 29TH POUSHA, 1939
WP(C).No. 26658 of 2010
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PETITIONER(S)
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R. RAVI,
DEPUTY GENERAL MANAGER (NOW ON ORDERS OF DISMISSAL),
MALABAR CEMENTS LTD.,, HIG 44, HOUSING BOARD COLONY,
MADHUBAN,, PARADEEP, ORISSA- 754 142.
BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE.
ADVS. SRI.BINOY VASUDEVAN,
SMT.P.G.BABITHA.
RESPONDENT(S):
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1. THE MALABAR CEMENTS LIMITED,
REP. BY THE MANAGING DIRECTOR,
MALABAR CEMENTS LTD., WALAYAR, PALAKKAD.
2. THE MANAGING DIRECTOR,
MALABAR CEMENTS LIMITED.
3. V.PRADEEP, ADVOCATE, SREE KAVYA,
MANAPPULLIKAVU, PALAKKAD- 678 001,
(THE ENQUIRY OFFICER).
4. THE BOARD OF DIRECTORS,
MALABAR CEMENTS LIMITED, REP. BY ITS CHAIRMAN,
PRINCIPAL SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
R1 & R2 BY SRI.B.S.KRISHNAN, SENIOR ADVOCATE.
ADVS. SRI.K.ANAND,
SMT.LATHA KRISHNAN.
R4 BY GOVT. PLEADER SMT.A.C. VIDHYA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-01-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 26658 of 2010
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER.
EXT.P2 COPY OF THE ORDER OF APPOINTMENT DATED 09/08/2004 ISSUED BY
THE 1ST RESPONDENT.
EXT.P3 COPY OF THE ORDER OF ACCEPTANCE OF APPOINTMENT ISSUED BY
THE RESPONDENTS.
EXT.P4 COPY OF THE GO(RT) NO.674/2006/ID DATED 30/06/2006.
EXT.P5 COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE
MANAGEMENT ON 21/05/2007.
EXT.P6 COPY OF THE ORDER OF SUSPENSION DATED 23/05/2007 ISSUED BY
THE RESPONDENTS.
EXT.P7 COPY OF THE EXPLANATION DATED 30/05/2007 SUBMITTED BY THE
PETITIONER.
EXT.P8 COPY OF THE NOTICE DATED 02/07/2007 SENT BY THE RESPONDENTS.
EXT.P9 COPY OF THE LETTER DATED 10/07/2007 SENT BY THE WIFE OF THE
PETITIONER.
EXT.P10 COPY OF THE TELEGRAM SENT BY THE THIRD RESPONDENT.
EXT.P11 COPY OF THE LETTER DATED 19/07/2007 SENT BY THE PETITIONER.
EXT.P12 COPY OF THE PROCEEDINGS OF THE THIRD RESPONDENT DATED 11/08/2007.
EXT.P13 COPY OF THE REQUEST SUBMITTED BY THE PETITIONER.
EXT.P14 COPY OF THE REQUEST SUBMITTED BY THE PETITIONER.
EXT.P15 COPY OF THE REQUEST SUBMITTED BY THE PETITIONER.
EXT.P16 COPY OF THE PROCEEDINGS OF THE ENQUIRY OFFICER DATED 25/08/2007.
EXT.P17 COPY OF THE LETTER SENT BY THE PETITIONER.
EXT.P18 COPY OF THE LETTER DATED 24/09/2007.
EXT.P19 COPY OF THE LETTER SENT BY THE PETITIONER.
EXT.P20 COPY OF THE ENQUIRY REPORT.
EXT.P21 COPY OF THE LETTER SENT TO THE PETITIONER.
EXT.P22 COPY OF THE LETTER DATED 07/11/2007.
EXT.P23 COPY OF THE NOTICE DATED 14/11/2007 ISSUED BY THE
2ND RESPONDENT.
WP(C).No. 26658 of 2010
EXT.P24 COPY OF THE LETTER SENT BY THE PETITIONER.
EXT.P25 COPY OF THE PROCEEDINGS DATED 29/11/2007 OF THE 2ND RESPONDENT.
EXT.P26 COPY OF THE JUDGMENT IN W.P.(C)NO.1160/2008.
EXT.P27 COPY OF THE REPRESENTATION DATED 26/02/2008 SUBMITTED BY
THE PETITIONER.
EXT.P28 COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF
DIRECTORS DATED 19/12/2008.
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.26658 of 2010
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Dated this the 19th day of January, 2018
JUDGMENT
This writ petition is filed challenging a dismissal order passed by the Malabar Cements Limited, a State Government Undertaking. According to the petitioner, the order of dismissal was issued without following the principles of natural justice.
2. It is to be noted that an enquiry was conducted in this matter. An Advocate was the enquiry officer. The enquiry concluded holding that the petitioner is guilty of charges laid against him. Penalty of dismissal was imposed. Thereupon, the petitioner approached this Court. This Court directed the petitioner to prefer an appeal before the Board. The Board considered the appeal and found that the petitioner's appeal has no W.P.(C) No.26658 of 2010 2 means. Accordingly, the appeal was rejected.
4. It appears that the petitioner worked at two public sector undertakings simultaneously. The petitioner did not inform that he was working TANCEM in Tamil Nadu while he joined Malabar Cements Limited. The enquiry report clearly point out that the petitioner was relieved not from TANCEM, a public sector undertaking in Tamil Nadu. In such situation, I find that the appointment itself was void as the petitioner had suppressed material facts. However, the petitioner was given an opportunity to rebut the charges by holding an enquiry. In such circumstances, I find no merit in the writ petition. Accordingly, it is dismissed. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln