Writ petition against termination of a Devaswom officer for alleged selection committee irregularity. Court held termination vitiated by lack of notice/hearing and delayed challenge to committee composition.
Ext.P6 termination order dated 02.01.2009 was set aside as it was vitiated by complete lack of notice or hearing.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937
WP(C).No. 3303 of 2009 (R)
PETITIONER:
K.C.GANESHAN, S/O.K.V.KUNHIKANNAN NAMBIAR, LAISON OFFICER, CHIRAKKAL KOVILAKAM DEVASWOMS, CHIRAKKAL, KANNUR DISTRICT.
BY ADV. SRI.M.RAMESH CHANDER
RESPONDENTS:
R,R3 BY ADV. SMT.VIDHYA. A.C R,R3 BY ADV. SRI.A.C.VENUGOPAL R,R2 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM R,R2 BY ADV. SRI.N.MANOJ KUMAR,SC,MALABAR DEVASWOM R-R2 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD R1 BY GOVERNMENT PLEADER SRI.SUBY THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3303 of 2009 (R)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENT'S EXHIBITS
NIL
TRUE COPY
P.A.TO JUDGE
ANU SIVARAMAN, J.
= = = = = = = = = = = = = W.P.(C).No.3303 of 2009
= = = = = = = = = = = = = = Dated this the 26th day of February, 2016
JUDGMENT
W.P.(C).No.3303/09
2
committee including a representative of the trustee, Divisional Assistant Commissioner and the Executive Officer, the petitioner, who has secured 1st rank in the selection, was appointed by Ext.P2 order and joined service on 06.10.2005. His probation was declared by Ext.P3 order dated 17.11.2007 w.e.f 5.10.2007 and his name was also included in the schedule of the establishment maintained by the Department in accordance with the Act. He also subscribed to membership of the Temple Employees Welfare Fund. While so, without any notice, Ext.P6 order dated 02.01.2009 was issued by the Commissioner terminating his services on the ground that the selection was not conducted by the committee in accordance with clause 23(2) of the Scheme for administration of the Chirakkal Kovilakam Devaswoms.
W.P.(C).No.3303/09
3
his representative, since the appointment was to the post of Liaison Officer. 33 persons who had the qualifications prescribed were being interviewed. It is this inclusion of an advocate as a representative of the trustee which is evidently objected to by the 2nd respondent and which has led to Ext.P6 termination.
5.It is a common case that the appointment had been made as early as on 29.03.2005. There was a selection committee constituted consisting of the Executive Officer, the Assistant Commissioner and a representative of the trustee. The presence of an advocate in the selection committee as the representative of the trustee cannot be a ground at this distance of time to invalidate the appointment of the writ petitioner as Liaison Officer. No other illegality or irregularity is pointed out in the selection process. No complaints of any nature as to the selection or the functioning of the petitioner are referred to. The petitioner having been appointed on 01.10.2005 had joined in service on 06.10.2005 and his probation had been successfully declared on 17.11.2007, in the
W.P.(C).No.3303/09
4
absence of any other illegality or irregularity in the selection process or in the appointment of the petitioner, I am of the opinion that the alleged irregularity in the constitution of the selection committee cannot be taken up as a ground after more than 4 years of the date of appointment to invalidate the appointment of the petitioner. Moreover, Ext.P6 is also vitiated by complete lack of notice or hearing and cannot be sustained on that ground also. Ext.P6 is therefore set aside.
The writ petition is ordered accordingly.
sd/-
Anu Sivaraman, Judge
sj26/2
2 issues framed by the court
Whether termination of service without notice or hearing violates the principles of natural justice.
Whether a procedural irregularity in the selection committee composition can invalidate an appointment affirmed after years of service.
K.C.Ganeshan
State of Kerala
The Commissioner, Malabar Devaswom Board
The Executive Officer, Chirakkal Kovilakam Devaswams
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
