Allowed

Beena Benny v. the Kerala Women'S Commissioner

Kerala HC5 Sept 2018WP(C)/10967/2018

Case brief

AI extract

What is this about?

This writ petition challenged an order of suspension against a society secretary. The High Court, noting the society had decided to reinstate the petitioner and that six months of suspension was nearing completion, directed the society to pass orders on the representation within two weeks.

What did the court decide?

Directions issued to the 2nd respondent (Milk Producers Cooperative Society Ltd.) to pass orders on the petitioner's representation within two weeks.

Beena Benny Vs the Kerala Women'S Commissioner — Service and Employment | Kerala HC (2018)

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W.P(C) No.10967 of 2018-U 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY,THE 05TH DAY OF SEPTEMBER 2018 / 14TH BHADRA, 1940

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WP(C).No. 10967 of 2018

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PETITIONER/S:

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BEENA BENNY

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SECRETARY (UNDER SUSPENSION), MILK PRODUCERS CORPORATION SOCIETY LTD., THIRUMARADI, ERNAKULAM DISTRICT-686687.

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BY ADV. SRI.MOHAN C.MENON

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RESPONDENT/S:

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1 THE KERALA WOMEN'S COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM-695004, BY ITS SECRETARY.

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2 MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.

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E. 152D, APCOS, THIRUMARADI, ERNAKULAM DISTRICT686687, REPRESENTED BY ITS PRESIDENT.

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3 P. V. JOY

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PRESIDENT, MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.,E. 152D, THIRUMARADI, ERNAKULAM DISTRICT-686687

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4 JOSE JACOB DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-682020.

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5 THE DEPUTY DIRECTOR DAIRY DEVELOPMENT DEPARTMENT, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN-682030.

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BY ADVS.

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SMT.PARVATHI MENON.A., SC.,KWC SRI.P.N.MOHANAN SMT.PARVATHI MENON.A. SC.KWC

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(Addl.R5 is impleaded vide order dated 21.06.2018 in I.A.No.10240/2018)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.10967 of 2018-U 2

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P.V.ASHA, J.

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W.P(C) No.10967 of 2018-U

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Dated this the 5^th day of September, 2018

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JUDGMENT

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The petitioner is challenging Ext.P12 order which was passed as early as on 10.03.2018. The petitioner has produced Ext.P17

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minutes of the General Body which show that a decision was taken to reinstate the petitioner. Even otherwise I am of the view that an order of suspension which was passed as early as on 10.03.2018 requires to be reviewed, as six months are about to be over since the issuance of Exts.P11 and P12 proceedings. When the society itself had as early as on 10.04.2018 taken a decision to reinstate the petitioner, there is no reason why orders are not passed on the question of retention/revocation of suspension in the case of the petitioner.

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Even though the petitioner has personally impleaded the former President as the 3^rd respondent and the Deputy Director as 4^th respondent, none of them have filed any counter affidavit and there is no appearance also for them. The petitioner has been continuing as a Secretary of the Society from 2000 onwards. There is no reason for not even considering Ext.P15 representation submitted by her requesting for reinstatement.

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In the above circumstances, I dispose of the writ petition

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directing the 2^nd respondent to pass orders on Ext.P15

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representation within a period of two weeks. The complaint which

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W.P(C) No.10967 of 2018-U 3 is pending before the 1^st respondent, will be looked into

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separately in accordance with law.

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Sd/-

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(P.V.ASHA, JUDGE)

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rtr/

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W.P(C) No.10967 of 2018-U 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXT.P1	TRUE COPY OF THE DECISION DT.21.4.2010 TAKEN BY GENERAL BODY OF MILK PRODUCERS CO- OPERATIVE SOCIETY LTD. E. 152D, APCOS.
EXT.P2	TRUE COPY OF THE AUDIT REPORT 2016-17.
EXT.P3	TRUE COPY OF THE REQUEST DT.23.10.2017 SUBMITTED BY THE PETITIONER TO THE DEPUTY DIRECTOR.
EXT.P4	TRUE COPY OF THE DECISION TAKEN BY THE 3RD RESPONDENT TAKEN ON 12.1.2018.
EXT.P5	TRUE COPY OF THE MINUTES BOOK IN WHICH DECISION WAS SCORED OFF BY THE 3RD RESPONDENT.
EXT.P6	TRUE COPY OF THE ALLEGED REPORT OF DISTRICT INSPECTION TEAM B UNIT DT.31.1.2018.
EXT.P7	TRUE COPY OF THE SHOW CAUSE NOTICE TO THE PETITIONER DT.12.2.2018 SENT BY 3RD RESPONDENT.
EXT.P8	TRUE COPY OF THE SHOW CAUSE NOTICE DATED 28.2.2018 ISSUED BY THE 3 MEMBER SUB- COMMITTEE TO THE PETITIONER.
EXT.P9	TRUE COPY OF THE EXPLANATION IN TUNE WITH EXT.P7 GIVEN BY THE PETITIONER DT.7.3.2018.
EXT.P10	TRUE COPY OF THE COMPLAINT TO THE 1ST RESPONDENT DT.10.3.2018 GIVEN BY THE PETITIONER.
EXT.P11	TRUE COPY OF THE DECISION TAKEN BY 3RD RESPONDENT PRESIDENT ON 10.3.2018 TO SUSPEND THE PETITIONER SECRETARY.
EXT.P12	TRUE COPY OF THE ORDER OF SUSPENSION DT.10.3.2018 BY THE 3RD RESPONDENT.
EXT.P13	TRUE COPY OF THE MINUTES OF THE GENERAL BODY DT.8.4.2018.

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W.P(C) No.10967 of 2018-U 5

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EXHIBIT P14 TRUE COPY OF THE EXPLANATION DATED 28.5.2018 GIVEN BY PETITIONER AGAINST EXHIBIT-R2C MEMO OF CHARGES DATED 17.5.2018 EXHIBIT P15 TRUE COPY OF THE REQUEST DATED 28.5.2018 GIVEN BY PETITIONER TO THE RESPONDENT SOCIETY. EXHIBIT P16 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 28.5.2018 BY THE PRESIDENT, MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. E. 152D, APCOS THIRUMARADI. EXHIBIT P17 TRUE COPY OF THE DECISION TAKEN ON 9.5.2018 BY THE 2ND RESPONDENT MANAGING COMMITTEE.

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RESPONDENTS' EXHIBITS

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EXT.R2(a) A TRUE COPY OF THE STATEMENT DATED 11.1.2018 SUBMITTED BY THE PETITIONER IN HER OWN HANDWRITING. EXT.R2(b) A TRUE COPY OF THE MINUTE OF THE MEETING DT.15.3.2018. EXT.R2(c) A TRUE COPY OF THE MEMO OF CHARGES DT.17.5.2018 OF THE SUBCOMMITTEE.

Beena Benny v. the Kerala Women'S Commissioner

Case brief

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Beena Benny v. the Kerala Women'S Commissioner

Case brief

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