Disposed

Arun Kumar T.V. v. Vegetable and Fruit Promotion Council

Kerala HC9 Apr 2018WP(C)/12253/2018

Case brief

AI extract

What is this about?

In this writ petition challenging suspension from service, the Court directed the respondents to finalize disciplinary action within three months of the judgment. The Court also ordered a review within two weeks regarding the necessity of continuing the petitioner's suspension pending inquiry.

What did the court decide?

Direct the respondents to finalize disciplinary action within three months; consider necessity of suspension within two weeks.

Arun Kumar T.V. Vs Vegetable and Fruit… — Labour and Industrial Disputes | Kerala HC (2018)

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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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MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940

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WP(C).No. 12253 of 2018

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------------------------

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PETITIONER

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ARUN KUMAR T.V, DEPUTY MANAGER(HG)(UNDER SUSPENSION),VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM, RESIDING AT PADINJARE AYANIVEEDU, NJARAKKADU,THALAVUR.P.O,KOLLAM.

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BY ADVS.SRI.P.SREEKUMAR SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL SMT.MARY RESHMA GEORGE SMT.V.A.HARITHA SRI.JEEVAN RAJEEV SRI.R.NANDAGOPAL

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RESPONDENT(S):

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1. VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, MYTHRI BHAVAN,KAKKANAD,KOCHI-682037.

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2. THE BOARD OF DIRECTORS, REPRESENTED BY THE CHAIRMAN,VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM, MYTHRI BHAVAN,KAKKANAD,KOCHI-682037.

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3. THE CHIEF EXECUTIVE OFFICER, VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM, MYTHRI BHAVAN,KAKKANAD,KOCHI-682037.

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BY SRI MAJNU KOMATH,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 12253 of 2018

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APPENDIX

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PETITIONERS EXHIBITS:

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P1: A TRUE COPY OF THE ORDER NO.VFPCK/06/HR/01/882 DATED 13.7.2017 ISSUED BY THE 3RD RESPONDENT.

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P2; A TRUE COPY OF THE ORDER DATED 18.12.2017 IN WPC NO 23988 NO 2017 BEFORE THIS HON'BLE COURT.

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P3: A TRUE COPY OF JUDGMENT IN WPC NO 23988 OF 2017 BEFORE THIS HON'BLE COURT.

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P4; A TRUE COPY OF THE MEMO OF CHARGES AND THE STATEMENT OF ALLEGATIONS ISSUED TO THE PETITIONER ON 8.1.2018.

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P5; A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER.

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P6; A TRUE COPY OF THE COMMUNICATION NO VFPCK/06/HR/01/882/2018/369 DATED 16.3.2018 ISSUED BY THE 3RD RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE 11.04.2018

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P.V.ASHA J.

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------------------------------------W.P.(C).No.12253 of 2018

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------------------------------------- Dated this the 9^th day of April, 2018

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JUDGMENT

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The petitioner, who is a Deputy Manager (HG) presently continuing under suspension on the basis of Ext.P4 order issued on 08.01.2018 immediately after he was re-instated pursuant to the direction of this Court in Ext.P3 judgment.

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Petitioner points out that the respondents

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are finding out some or other reasons to keep him away from service, on without any factual or legal basis. After Ext.P4 order of suspension, petitioner has submitted Ext.P5 representation before the Chief Executive Officer and thereafter the respondents have issued Ext.P6 notice, informing the petitioner

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W.P.(C).No.12253 of 2018

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that an enquiry officer will be appointed and he will be provided with opportunity to prove his innocence in the enquiry. The petitioner submits that even though more than three months lapsed, the respondents have not taken any action either to review the order of suspension or to finalise the disciplinary action.

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The learned Standing Counsel submits that the suspension of the petitioner is ordered on valid grounds and they were awaiting a judgment of this Court in respect of appointment of Enquiry Officer.

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As the allegations raised against the petitioner are to be proved/disproved in the enquiry, I direct the respondents to finalise the disciplinary action against the petitioner within a period of 'three months' from the date of receipt of a copy of this judgment. In the meanwhile, 3^rd respondent shall consider whether it is necessary to keep the petitioner away from service, pending the finalisation of disciplinary action. Orders shall be passed on

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W.P.(C).No.12253 of 2018

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this aspect, in accordance with law, within a period of 'two weeks' from the date of receipt of a copy of this judgment.

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Sd/-

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P.V.ASHA, JUDGE.

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Arun Kumar T.V. v. Vegetable and Fruit Promotion Council

Case brief

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Arun Kumar T.V. v. Vegetable and Fruit Promotion Council

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