Kerala High Court
S. Abhilash vs Travancore Devaswom Board on 5 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:94730
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF DECEMBER 2025 / 14TH AGRAHAYANA, 1947
WP(C) NO. 39050 OF 2024
PETITIONER:
S. ABHILASH
AGED 42 YEARS
S/O SASIDHARAN PILLAI,
VILAYIL PUTHEN VEEDU, PANAYARA P.O.,
VARKALA, THIRUVANANTHAPURAM,
(NOW WORKING AS 'WATCHER' IN ESANIMATTOM
DEVASWOM, MUZHIKULAM SUB GROUP,
PARAVOOR GROUP), PIN - 695145
BY ADVS.
SRI.D.AJITHKUMAR
SMT.T.MANASY
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
TRAVANCORE DEVASWOM BOARD HEADQUARTERS,
NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695003
2 SECRETARY
TRAVANCORE DEVASWOM BOARD
TRAVANCORE DEVASWOM BOARD HEADQUARTERS,
NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
3 DEVASWOM COMMISSIONER
DEVASWOM HEAD QUARTERS,
2025:KER:94730
WP(C) No.39050 of 2024
2
NANDANCODE, THIRUVANANTHAPURAM,
PIN - 695003
4 ASSISTANT DEVASWOM COMMISSIONER
OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,
VARKALA GROUP, VARKALA,
THIRUVANANTHAPURAM, PIN - 695141
5 SUB GROUP OFFICER
KAPPIL SIVAN NADA DEVASWOM,
TRAVANCORE DEVASWOM BOARD, VARKALA,
THIRUVANANTHAPURAM, PIN - 695141
BY ADV
SRI.P.U.VINOD KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:94730
WP(C) No.39050 of 2024
3
JUDGMENT
Dated this the 5th day of December, 2025 The petitioner states that he is now working as 'Watcher' in Esanimattom Devaswom, Muzhikulam Sub Group, Paravoor Group under the Travancore Devaswom Board.
2. To Ext.P2 Memo of Charges and Ext.P3 Statement of allegations, the petitioner submitted Ext.P4 reply dated 28.05.2014, denying the allegations to the 3rd respondent. But, without considering the facts and circumstances mentioned in Ext.P4 reply, the 3rd respondent proceeded with disciplinary proceedings against the petitioner.
3. The petitioner has never admitted the allegations stated in Exts.P2 and P3 during enquiry proceedings. The 3rd respondent without considering Ext.P6 reply, passed Ext.P7 order dated 13.04.2015 barring three increments of the petitioner with cumulative effect and treating the suspension period as Leave Without Allowance.
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4. Aggrieved by Ext.P7 order passed by the 3rd respondent and Ext.P9 order passed by the 1st respondent, the petitioner preferred Ext.P8 Appeal before the 1 st respondent. Exts.P7 and P9 orders are passed without considering the decision of the Apex Court in Managing Director, ECIL v. B. Karunakar [(1993) 4 SCC 727].
5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
6. The Standing Counsel for the respondents would submit that Ext.P8 Appeal dated 08.10.2021 has been preferred against Ext.P7 order dated 13.04.2015. Appeal has been preferred after six years. It is highly belated. Therefore, challenge against Ext.P9 should fail. There was a confronted enquiry and Ext.P7 has been passed thereafter. Counsel for the petitioner, on the other hand, would submit that copy of enquiry report was not served on the petitioner.
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7. Going through Ext.P9 appellate order, I find that Ext.P9 order is thoroughly non-speaking and does not give any reason for rejection of the Appeal preferred by the petitioner.
8. In the facts of the case, I am of the view that the Appellate Authority should reconsider Ext.P8 and pass orders afresh, after giving an opportunity of hearing to the petitioner.
The writ petition is accordingly disposed of setting aside Ext.P9 and directing the 1st respondent to reconsider Ext.P8 Appeal and pass orders afresh, after giving an opportunity of hearing to the petitioner within a period of two months. The petitioner will be granted opportunity to supplement the Appeal by additional representations, if any, in the meanwhile. All legal contentions are left open.
Sd/-
N.NAGARESH JUDGE hmh 2025:KER:94730 WP(C) No.39050 of 2024 6 APPENDIX OF WP(C) NO. 39050 OF 2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SUSPENSION ORDER OF THE PETITIONER ISSUED BY THE THIRD RESPONDENT AS PER VIDE R.O.C. NO.1312/14/MIS (A) DATED 07.03.2014 Exhibit P2 TRUE COPY OF THE MEMO OF CHARGES VIDE R.O.C. 1312/14/MIS.A. DATED 2.7.2014 ISSUED BY 3RD RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE STATEMENT OF ALLEGATIONS VIDE R.O.C. 1312/14/MIS.A. DATED 2.5.2014 ISSUED BY 3RD RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE REPLY SENT BY PETITIONER TO THE 3RD RESPONDENT DATED 28.5.2014 Exhibit P5 TRUE COPY OF THE SHOW CAUSE NOTICE VIDE R.O.C. NO.1312/2014/MIS.A. DATED 23.02.2015ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE REPLY SENT BY PETITIONER TO THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER VIDE R.O.C. NO.1312/14/MIS. A DATED 13.04.2015 PASSED BY THE THIRD RESPONDENT Exhibit P8 TRUE COPY OF THE APPEAL FILED BY PETITIONER BEFORE THE 1ST RESPONDENT DATED 8.10.2021 Exhibit P9 TRUE COPY OF THE ORDER VIDE ROC.NO.9443/21/MIS-I DATED 04.02.2022 ISSUED BY THE FIRST RESPONDENT BOARD Exhibit P10 TRUE COPY OF THE REPRESENTATION SENT BY PETITIONER TO THE 1ST RESPONDENT DATED 31.08.2024