In this writ appeal, the Kerala High Court dismissed the appellant's challenge against an order reappointing him on reduced benefits. The court upheld the disciplinary authority's view that leniency was warranted, refusing to interfere with the Board of Directors' decision.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937
WA.No. 2105 of 2010 ( ) IN WP(C).34665/2004
AGAINST THE ORDER/JUDGMENT IN WP(C) 34665/2004 of HIGH COURT OF KERALA DATED 30-09-2010
APPELLANT(S)/PETITIONER IN WP(C):
K.BABU, RECEPTIONIST, (RETIRED), KERALA TOURISM DEVELOPMENT CORPORATION, YATRI NIVAS THRISSUR. (RESIDING AT YABIN VILLA, PULIMPALLIKONAM PONGANAD.P.O., TRIVANDRUM, DISTRICT).
BY ADVS.SRI.J.JAYAKUMAR SRI.S.JIJI
RESPONDENT(S)/RESPONDENTS IN WP(C):
1. THE CHAIRMAN, KERALA TOURISM DEVELOPMENT CORPORATION LTD. CORPORATE OFFICE, YATRI NIVAS, THYCAUD.P.O. THIRUVANANTHAPURAM. PIN-695 014.
2. THE KERALA TOURISM DEVELOPMENT CORPORATION LTD., CORPORATE OFFICE, YATRI NIVAS THYCAUD.P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR., PIN-695 014.
R1,R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC, KTDC R1, R2 BY SRI.B.GOPAKUMAR BY SPL.GOVT.PLEADER SMT.GIRIJA GOPAL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J. &
A.M. SHAFFIQUE, J.
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W.A. No. 2105 of 2010
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Dated this, the 16th day of March, 2016
J U D G M E N T
Shaffique, J.
This appeal has been filed by the writ petitioner challenging judgment dated 30/9/2010 by which the writ petition was dismissed by the learned Single Judge.
W.A. No.2105/10
-:2:-
Corporation on certain conditions. One such condition was that the past service will not be counted for any service benefit. Petitioner though accepted the reinstatement, challenged the conditions imposed. According to him, he should have been reinstated with all previous benefits and therefore the writ petition is filed seeking to quash the disciplinary proceedings and for a direction that Ext.P9 is void and nonest. Petitioner also sought for a direction to treat the period during which he was suspended till the date of reappointment in terms of Ext.P9 as duty for all purposes and to grant all consequential benefits.
detail dismissed the writ petition. Learned Single Judge specifically referred to the statement of allegations as well as the findings and had also come to the conclusion that the finding justifies severe punishment on the petitioner. Further, it was observed that the Board of Directors after confirming the findings in the enquiry as well as that of the Managing Director took a lenient view in reappointing the petitioner as a fresh recruit without the benefit of past service and therefore, there is no reason to interfere with the same.
W.A. No.2105/10
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“Shri.K.Babu, was heard by the Board at the Meeting held on 10th June, 2004. He had made a detailed presentation of his case to prove his innocence. After the hearing the Board felt that Shri.Babu was guilty of most of the charges levelled against him and proved in the enquiry. The Board also considered the long years of service he had put in for the Corporation, his family background, his poor financial position and his assurance that he would be faithful, loyal and would not repeat any such default hereafter. The Board felt that even though he was guilty of the offences proved against him, the punishment inflicted on him was disproportionate to the gravity of the guilt.”
It is after taking into consideration the fact that the charges levelled against him had been proved, but taking into consideration his family background, his poor financial position and the assertion that he would be faithful and loyal and would not repeat any such default thereafter that a lenient view was taken and a decision was taken to reappoint him.
W.A. No.2105/10
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issued as a concession to enable the petitioner to tide over his difficult situation, there is no reason to interfere with the said order. Learned Single Judge has correctly appreciated the entire factual and legal aspects involved in the matter and had arrived at a decision not to interfere with Ext.P9 or other disciplinary proceedings initiated against the petitioner.
Under such circumstances, we do not find any ground to interfere with the judgment of the learned Single Judge and accordingly, the writ appeal is dismissed.
Sd/- ASHOK BHUSHAN, CHIEF JUSTICE
Sd/- A.M. SHAFFIQUE, JUDGE
Rp16/3/2016
//True Copy//
PS to Judge
2 issues framed by the court
Whether the High Court should interfere with the Board of Directors' order reappointing the petitioner as a fresh recruit without counting past service.
Whether the conditions imposed in the reappointment order under Ext.P9 were arbitrary.
1 provisions across 1 enactments
K.Babu
The Chairman, Kerala Tourism Development Corporation Ltd.
The Kerala Tourism Development Corporation Ltd.
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
