The Kerala High Court dismissed a contempt petition filed by a suspended government employee alleging failure to post him in his parent organization after a reinstatement order was revoked due to his non-joining.
Contempt of court case No.519 of 2018 is dismissed.
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 B.SUDHEENDRA KUMAR
TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939
Con.Case(C).No. 519 of 2018 IN WPC. 23665/2017
WP(C) 23665/2017 of HIGH COURT OF KERALA
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PETITIONER(S)/PETITIONER
K.PADMAKUMAR AGED 53 YEARS, S/O.LATE DR.P.KRISHNAN NAIR, RESIDING AT 11 F, SAMRUDHI, THAMPURANS, THAMPURANMUKKU, THIRUVANANTHAPURAM 695 035.
BY ADV.SMT.S.SUJINI
RESPONDENT(S)/RESPONDENT:
E.ELLANGOVAN IAS, PRINCIPAL SECRETARY, (CURRENTLY PLACED IN-LIEU- OF ADDITIONAL CHIEF SECRETARY), INDUSTRIES AND COMMERCE DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
BY GOVERNMENT PLEADER SRI.E.C.BINEESH
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 519 of 2018 IN WPC. 23665/2017
APPENDIX
PETITIONER'S EXHIBITS:
| ANNEXURE-A1: | TRUE COPY OF THE JUDGMENT DATED 7.02.2017 IN WP(C) NO.23665/2017. |
|---|---|
| ANNEXURE-A2: | TRUE COPY OF THE G.O.(RT) NO.1727/2017 ID DATED 28TH DECEMBER 2017 ISSUED BY THE RESPONDENT. |
| ANNEXURE-A3: | TRUE COPY OF THE COMMUNICATION TO THE RESPONDENT HEREIN BY E- MAIL DATED 6.2.2018 STATING THAT THE PETITIONER WILL JOIN DUTY IMMEDIATELY AFTER OBTAINING A CERTIFIED COPY OF THE JUDGMENT IN THE CONTEMPT OF COURT CASE(C) NO.273/2018 DATED 6.2.2018. |
| ANNEXURE-A4: | TRUE COPY OF THE JUDGMENT IN CONTEMPT OF COURT CASE(C) NO.273/2018 DATED 6.2.03. |
| ANNEXURE-A5: | TRUE COPY OF THE ORDER DATED 9.2.2018 FROM THE RESPONDENT HEREIN CANCEL LING THE ANNEXURE 2 REINSTATEMENT ORDER IN FULL. |
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
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Contempt of Court Case No.519 of 2018
Dated this the 13th day of March, 2018
JUDGMENT
The petitioner was placed under suspension from the service with effect from 5.9.2016 under Rule 10(3) of Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 on the reason that the petitioner was detained under custody for more than 48 hours in connection with Crime No.V.C./14/2016/PKD of VACB, Palghat. The petitioner submitted a request to the authorities concerned to reinstate the petitioner in his parent Department revoking the order of suspension. Since the petitioner was under suspension for more than 15 days, this Court as per Annexure-A1 directed the Additional Chief Secretary, Industries and Commerce Department, Government Secretariat, Thiruvananthapuram to pass affirmative orders on the representation filed by the petitioner requesting for reinstation. Accordingly, Annexure-A2 order dated
Contempt of Court Case No.519 of 2018
-: 2 :-
28.12.2017 was passed by the Government to reinstate the petitioner in the service as Managing Director, Kerala Automobiles Ltd, Aralamood, Thiruvananthapuram.
Contempt of Court Case No.519 of 2018
-: 3 :-
Annexure-A2 Government Order reinstating the petitioner in service.
Having gone through the relevant inputs, I do not find any element of contempt in this case. Accordingly, this contempt of court case stands dismissed.
However, this order will not stand in the way of the petitioner in resorting to other remedies available to the petitioner for the redressal of his grievance, if any.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
The words “15 days”occurring in the eleventh line in the judgment dated 13.03.2018 in COC 519/2018(S)(flag B), is corrected as “15 months” vide order dated 27.03.2018 in COC 519/2018(S).
Sd/-
REGISTRAR (JUDICIAL)
STK
//TRUE COPY//
//P.A. TO JUDGE//
1 issue framed by the court
Whether there is an element of contempt in the petitioner's failure to join service after reinstatement order.
K.PADMAKUMAR
E.ELLANGOVAN
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
