The High Court disposed of a writ petition challenging a suspension order. It directed the fourth respondent to finalize disciplinary action within one month and for the petitioner to cooperate.
directed the fourth respondent to finalize disciplinary action within one month.
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 SMT. JUSTICE P.V.ASHA
FRIDAY ,THE 14TH DAY OF SEPTEMBER 2018 / 23RD BHADRA, 1940
WP(C).No. 26277 of 2018-H
PETITIONER/S:
JAYASREE J.R.
AGED 53 YEARS, W/O. SREEKUMAR, T.C. NO.37/1252,KALLAMPILLIL STREET, FORT P.O., THIRUVANANTHAPURAM - 695 023,NOW WORKING AS RECEPTIONIST GRADE-I, C-APT, HEAD OFFICE COMPLEX, VATTIYOORKAVU, THIRUVANANTHAPURAM - 695 013,(NOW UNDER ORDERS OF SUSPENSION FROM 24.07.2018)
BY ADV. SRI.K.S.HARIHARAPUTHRAN ADV. SRI.M.D.SASIKUMAR ADV. SRI.GEORGE MATHEW ADV. SRI.A.G.SUNIL KUMAR ADV. SRI.DIPU JAMES ADV. SRI.SETHURAM DHARMAPALAN ADV. SRI.BHANU THILAK
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE KERALA STATE CENTRE FOR ADVANCED PRINTING TRAINING (C-APT) HEAD OFFICE COMPLEX, VATTIYOORKAVU,THIRUVANANTHAPURAM - 695 013 REP. BY ITS MANAGING DIRECTOR.
3 THE CHAIRMAN GOVERNING BODY, C-APT, HEAD OFFICE COMPLEX,VATTIYOORKAVU, THIRUVANANTHAPURAM - 695 013.
4 THE MANAGING DIRECTOR C-APT, HEAD OFFICE COMPLEX,VATTIYOORKAVU, THIRUVANANTHAPURAM - 695 013. BY ADV. SMT.LATHA ANAND
OTHER PRESENT:
SRI.BIJOY CHANDRAN,SRGP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 26277 of 2018-H
JUDGMENT
The petitioner who has been working as Receptionist- Grade I and discharging several duties under the 2nd respondent filed this writ petition challenging the order of suspension Ext.P14 on the ground that she refused to give an undertaking.
2. The respondents have filed counter affidavit. It is seen that along with the petitioner, three others are also placed under suspension. I find that orders like Ext.P14 has been issued placing three more employees under suspension on similar allegations. Learned counsel for the petitioner submits that memo of charge is already issued. Therefore it is only appropriate that the respondents expedite the disciplinary action against the petitioner. In the event of any delay in finalising the same, respondents shall also consider whether retaining the petitioner under suspension during the pendency of the disciplinary proceedings is necessary or not.
The writ petition is disposed of, directing the 4th respondent to finalize the disciplinary action within a period of one month from the date of receipt of a copy of the judgment. The petitioner shall also co-operate with the proceedings.
Sd/-
P.V.ASHA
JUDGE
rkc
WP(C).No. 26277 of 2018-H
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1. | TRUE COPY (C)NO.6695 |
OF JUDGMENT DTD. 21.03.2011 IN W.P. OF 2011 |
|---|---|---|
| EXHIBIT P2. | TRUE COPY 05.08.2011 |
OF ORDER NO.C-APT/2052/09/EST DTD. ISSUED BY 4TH RESPONDENT |
| EXHIBIT P3. | TRUE COPY 06.02.2012 |
OF ORDER NO.C-APT/2052/09/EST DTD. ISSUED BY 4TH RESPONDENT |
| EXHIBIT P4. | TRUE COPY RTI ACT 20 |
OF APPLICATION DTD. 19.02.2015 UNDER 05 SUBMITTED BY THE PETITIONER |
| EXHIBIT P5. | TRUE COPY 23.09.2016 |
OF ORDER NO.C-APT/1000/13/EST DTD. ISSUED BY 4TH RESPONDENT |
| EXHIBIT P6. | TRUE COPY 11.11.2016 THIRUVANAN |
OF MEDICAL CERTIFICATE DTD. ISSUED FROM COSMOPOLITAN HOSPITAL, THAPURAM |
| EXHIBIT P7. | TRUE COPY SUBMITTED |
OF REPRESENTATION DTD. 14.11.2016 BY PETITIONER TO THE 4TH RESPONDENT |
| EXHIBIT P8. | TRUE COPY DATED. 05. |
OF OFFICE ORDER NO.C-APT/01/16/EST 01.2017 OF 4TH RESPONDENT |
| EXHIBIT P9. | TRUE COPY 4TH RESPON |
OF MEMO DTD. 06.06.2018 ISSUED BY DENT TO PETITIONER |
| EXHIBIT P10. | TRUE COPY PETITIONER |
OF REPLY DTD.08.06.2018 SUBMITTED BY TO 4TH RESPONDENT |
| EXHIBIT P11. | TRUE COPY | OF THE FORMAT OF DECLARATION |
| EXHIBIT P12. | TRUE COP APT/01/16/ 4TH RESPON |
Y OF EXPLANATION NOTE NO.C- EST DTD. 21.07.2018 ISSUED BY THE DENT |
| EXHIBIT P13. | TRUE COPY BY PETITIO |
OF REPLY DTD. 23.07.2018 SUBMITTED NER TO 4TH RESPONDENT IN EXT.P12 |
| EXHIBIT P14. | TRUE COPY 24.07.2018 |
OF ORDER NO.C-APT/01/16/EST DTD. OF 4TH RESPONDENT |
RESPONDENTS' EXHIBITS : NIL
2 issues framed by the court
whether to allow the petitioner's challenge to her suspension order
whether to direct the respondent to expedite disciplinary proceedings
jayasree j.r.
state of kerala
the kerala state centre for advanced printing training (c-apt)
the chairman governing body, c-apt
the managing director, c-apt
p.v.asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
