Kerala High Court
R. Jaikrishnan Nair vs State Of Kerala on 26 September, 2018
Author: Sathish Ninan
Bench: V.Chitambaresh, Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY,THE 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA, 1940
WA.No. 1859 of 2018
AGAINST THE JUDGMENT IN WP(C) 12153/2014 of HIGHCOURT DATED
10.08.2018
APPELLANT/PETITIONER:
R. JAIKRISHNAN NAIR
AGED 51 YEARS
S/O. RAMACHANDRAN NAIR (LATE), KRISHNA SREE,
CHANDRAMANGALAM, EAST ARPOOKARA, KOTTAYAM, PRESENTLY
RESIDING AT KRISHNA SREE, CHANDRAMANGALAM, KOOTAMVILA,
LANE- 3, VATTIYOORKAVU P.O.,
THIRUVANANTHAPURAM - 695 013
BY ADVS.
SRI.R.T.PRADEEP
SMT.A.A.RASHEEDA
SRI.K.C.HARISH
SMT.M.BINDUDAS
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO INDUSTRIES (C)
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2 BIJU R.,
S/O.RAVEENDRAN, GENERAL SECRETARY, ALAPPUZHA DISTRICT
CO-OPERATIVE SPINNING MILL EMPLOYEES CONGRESS UNION
(INTUC),KAREELAKULANGARA P.O., KAYAMKULAM, ALAPPUZHA
DISTRICT, RESIDING AT BIJU BHAVAN, ALAPPUZHA,
ALUMKADAVU P.O., KARUNAGAPPILLY, KOLLAM DISTRICT,
PIN-690572
WA.No. 1859 of 2018
2
3 T.R.VIJAYAKUMAR
S/O. RAMAN KUTTY, SECRETARY,
ALAPPUZHA DISTRICT CO-OPERATIVE SPINNING MILL EMPLOYEES
CONGRESS UNION (INTUC),KAREELAKULANGARA P.O.,
KAYAMKULAM, ALAPPUZHA DISTRICT, RESIDING AT CERUNNIKKAL
DISTRICT, MUTHUKULAM SOUTH P.O., ALAPPUZHA
DISTRICT,PIN-690506
4 BIJU R.,
S/O. RAJAN PILLAI, AREA SECRETARY,
KERALA CO-OPERATIVE EMPLOYEES UNION (CITU), KAYAMKULAM,
ALAPPUZHA DISTRICT, RESIDING AT SOPANAM, PERINGOLA
P.O., KAYAMKULAM, ALAPPUZHA DISTRICT,PIN-690559
5 THE ALLEPPEY CO-OPERATIVE SPINNING MILL LTD.,
KAREELAKULANGARA P.O., KAYAMKULAM, ALAPPUZHA -690572
REPRESENTED BY ITS CHAIRMAN
BY ADV. P.SREEKUMAR
OTHER PRESENT:
SMT. DEEPA.K.R.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24.09.2018,
THE COURT ON 26.09.2018 DELIVERED THE FOLLOWING:
WA.No. 1859 of 2018
3
V.Chitambaresh & Sathish Ninan, JJ.
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W.A No.1859 of 2018
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Dated this the 26th day of September, 2018
JUDGMENT
Sathish Ninan, J Having failed in his challenge against Ext P14 order of demotion and Ext P14(a) enquiry report, the writ petitioner is in appeal.
2. The appellant while working as maintenance supervisor in the Thrissur Co-operative Spinning Mills Ltd. was appointed as General Manager, Aleppey Spinning Mills Ltd., on deputation. As per Ext P8 order he was regularised in the post. On the complaints received by the Government alleging that the appellant's BBA and MBA degrees were fake, disciplinary enquiry was conducted against him. It was WA.No. 1859 of 2018 4 found that his certificates were fake. Pursuant thereto Ext P14 order of demotion was passed reverting him to his parent institution namely Thrissur Co- operative Spinning Mills as maintenance supervisor.
3. In the disciplinary enquiry though he was called upon to appear, he chose not to. He took the stand that he will appear for the enquiry only after he receives the subsisting allowance. Even on the adjourned dates he failed to appear. He was residing only 11 kms away from the place where the enquiry was conducted. Though he was required to be present with the original certificates to prove his qualification he refrained from attending the proceedings. The appellant asserted in the writ petition that he did not seek for his appointment as General Manager and that he did not rely upon the BBA and MBA qualifications for promotion. However the learned WA.No. 1859 of 2018 5 single Judge has found that, as is evident from Ext P6 letter of the Managing Director, the appointment was based on application by the appellant and based on his qualifications. The appointment on deputation overlooking the other candidates was based on the higher qualification claimed by the appellant.
4. The learned Single Judge found that in the circumstances he is not entitled to seek for invocation of the equitable jurisdiction of this Court under article 226 of the Constitution of India. We do not find any reason to interfere with the exercise of discretion by the learned Single Judge refusing to interfere with Ext P14 order.
5. As noticed by the learned Single Judge Ext P14 (a) enquiry report relates to other complaints also. As rightly held by the learned single judge Ext P14(a) enquiry report has to be read down and confined WA.No. 1859 of 2018 6 to the finding regarding the genuineness of the certificates in question. It is clarified that it is open for the government to grant appropriate appointment to appellant as it may deem fit.
With the above observations the writ appeal is disposed of.
Sd/-
V.Chitambaresh, Judge Sd/-
Sathish Ninan, Judge vdv WA.No. 1859 of 2018 7 APPENDIX PETITIONER'S/ EXHIBITS:
ANNEXURE -I TRUE COPY OF CERTIFICATE DATED 20.6.2008 ISSUED BY KERALA STATE CO-
OPERATIVE TEXTILE FEDERATION LIMITED TO SHOW EXPERIENCE FOR THE PURPOSE OF JOINING THE COURSE.
ANNEXURE-II TRUE COPY OF FRONT PAGE OF PROSPECTUS OF MBA OFFERED BY NATIONAL INSTITUTE OF BUSINESS MANAGEMENT.
ANNEXURE -III TRUE COPY OF DEMAND DRAFT OF RS.7,500/-
SENT TO NATIONAL INSTITUTE OF BUSINESS MANAGEMENT DATED 4.8.2008.
ANNEXURE IV TRUE COPY OF RECEIPT ACKNOWLEDGING THE PAYMENT BY NATIONAL INSTITUTE OF BUSINESS MANAGEMENT DATED 21.8.2008 ANNEXURE-V TRUE COPY OF RECEIPT OF DEMAND DRAFT DATED 15.9.2008 OF RS.1,200/- WHICH WAS SENT TO THE INSTITUTE.
ANNEXURE VI TRUE COPY OF GENERAL GUIDELINES TO STUDENTS BY NATIONAL INSTITUTE OF BUSINESS MANAGEMENT WHICH IS NIL DATED ANNEXURE-VII TRUE COPY OF CURRICULUM FOR SEMESTER-I BY THE INSTITUTE WHICH IS NIL DATED. ANNEXURE VIII TRUE COPY OF HALL TICKET FOR ONE YEAR EXECUTIVE MBA WHICH IS NIL DATED ANNEXURE-IX TRUE COPY OF NOTICE OF MILL DATED 30.6.2014 BY THE THRISSUR CO-OPERATIVE SPINNING MILLS LTD.
ANNEXURE-X TRUE COPY OF DIRECTION OF GOVERNMENT WA.No. 1859 of 2018 8 DATED 7.12.2015 ANNEXURE-XI TRUE COPY OF REPRESENTATION DATED 18.12.2015 BEFORE THE MANAGING DIRECTOR, TRICHUR CO-OPERATIVE SPINNING MILLS.
ANNEXURE-XII TRUE COPY OF NOTICE OF THE THRISSUR CO-
OPERATIVE SPINNING MILLS DATED 2.4.2016 ANNEXURE-XIII TRUE COPY OF REPORT DATED 9.4.2016 BEFORE PRINCIPAL SECRETARY OF INDUSTRIES.
ANNEXURE-XIV TRUE COPY OF REPRESENTATION DATED 21.7.2016 BEFORE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KERALA.