Petitioner, a temple employee, challenged issuance of charge sheet and suspension order alleging procedural flaws. Court directed respondents to conclude disciplinary enquiry within three months. Petition disposed of.
Direction to complete disciplinary enquiry within three months and pass appropriate orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934
WP(C).No. 19749 of 2012 (P)
PETITIONER(S):
V.SUBRAMANIAM POTTI,, AGED 44 YEARS KAVIL MADOM, CHEPPAD P.O., HARIPAD ALAPPUZHA.
BY ADVS.SMT.S.SUJINI SMT.UMA R.KAMATH RESPONDENT(S): --------------
1. DEVASWOM BOARD COMMISSIONER, (TRAVANCORE DEVASWAM BOARD) OFFICE OF THE DEVASWAM BOARD, NANDANKODE TRIVANDRUM.
2. ASSISTANT DEVASWAM COMMISSIONER,
3. SUB-GROUP OFFICER,
4. ASSISTANT DEVASWAM COMMISSIONER, (TRAVANCORE DEVASWAM BOARD), CHANGANACHERRY GROUP CHANGANACHERRY.
5. SUB-GROUP OFFICER, (TRAVANCORE DEVASWAM BOARD), CHANGANACHERRY GROUP CHANGANACHERRY.
BY SRI. G. BIJU, SC, TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19749 of 2012 (P)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXHIBIT P1. | - | COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DOCTOR OF THE MATHERY TRUST HOSPITAL, ALAPPUZHA. |
|---|---|---|
| EXHIBIT P2 | - | COPY OF THE NEWSPAPER CUTTING OF THE EVENING DAILY NEWSPAPER “FLASH”. |
| EXHIBIT P3 | - | COPY OF THE LETTER FROM ASSISTANT COMMISSIONER, MUNDAKKAYAM STATING PATRICULARS OF TRANSFER. |
| EXHIBIT P4 | - | COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER OF VRINDAVAN AYURVEDA NURSING HOME. |
| EXHIBIT P5 | - | COPY OF THE CHARGE MEMO ISSUED TO THE PETITIONER DTD.07.04.2012. |
| EXHIBIT P6 | - | COPY OF THE STATEMENT OF CHARGES DTD 07.04.2012. |
| EXHIBIT P7 | - | COPY OF THE NOTICE FROM MUNDAKKAYAM DEVASWAM OFFICE DTD.16.04.2012. |
| EXHIBIT P8 | - | COPY OF THE REPLY LETTER TO EXHIBIT P5 & P6 SENT BY THE PETITIONER. |
| EXHIBIT P9 | - | COPY OF THE REPLY LETTER TO EXHIBIT P7 NOTICE SENT BY THE PETITIONER. |
| EXHIBIT P10 | - | COPY OF THE APPLICATION PREFERRED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT. |
| EXHIBIT P11 | - | COPY OF THE LETTER ISSUED BY PEERUME3DU SUB- GROUP OFFICER. |
| EXHIBIT P12 | - | COPY OF THE SUSPENSION ORDER ISSUED AGAINST THE PETITIONER. |
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
P.R. RAMACHANDRA MENON, J.
W.P.(C). No. 19749 of 2012
Dated this the 11th day of December, 2012
JUDGMENT
Issuance of charge sheet to the petitioner in respect of certain misconducts followed by Ext.P12 order of suspension, forms the subject matter challenge in this writ petition.
W.P.C. No. 19749 of 2012 -2-
authorities concerned, virtually preventing the petitioner from drawing salary for nearly '5' months.
W.P.C. No. 19749 of 2012 -3-
produced and marked as Ext.P9. The petitioner however came to be suspended from service as per Ext.P11 order dated 30.7.2012, issued by the Sub Group Officer, Peerumedu. The proceedings of the Devaswom Commissioner ordering suspension of the petitioner on 23.7.2012 is produced as Ext.P12. The case of the petitioner is that, the course and proceedings pursued by the respondents are per se wrong and illegal in all respects and hence under challenge.
W.P.C. No. 19749 of 2012 -4-
per Ext.P12 pending disciplinary proceedings.
Writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
2 issues framed by the court
Whether the writ petition challenging the charge sheet and suspension order against the petitioner requires direction to the respondents to complete disciplinary proceedings.
Whether the disciplinary proceedings against the petitioner pending inquiry should be concluded within a specified timeframe.
V.Subramaniam Potti
Devaswom Board Commissioner, Travancore Devaswam Board
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
