The Court dismissed arguments against reinstating a petitioner suspended by the Travancore Devaswom Board following social media posts alleged to insult ministers, directing the Board to reinstate the petitioner.
Direction to reinstate the petitioner within one week from the date of receipt of a copy of the judgment.
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 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940
WP(C).No. 33326 of 2018-M
PETITIONER/S:
VISHNU R.C., AGED 32 YEARS S/O RAVEENDRAN NAIR, EMPLOYED AS PANCHAVADYAM (NOW UNDER SUSPENSION), UNDER THE TRAVANCORE DEVASWAM BOARD, RESIDING AT KRIPALAYAM, KIZHAKKUMBHAGAM, KAZHAKKUTTAM, THIRUVANANTHAPURAM-695582
BY ADVS. SRI.MAHESH V RAMAKRISHNAN SRI.K.R.SUNIL
RESPONDENT/S:
1 TRAVANCORE DEVASWAM BOARD, REPRESENTED BY ITS COMMISSIONER, DEVASWAM COMMISSIONER OFFICE, THIRUVANANTHAPURAM-695001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.33326/18
JUDGMENT
The petitioner, who is working as a Panchavadyam in Kadinamkulam Sree Mahadeva Temple, has filed this writ petition challenging Ext.P2 order by which he was placed under suspension on the basis of a post in his facebook account alleging that he published the same insulting the Chief Minster and the Devaswom Minister. The petitioner submits that he did not commit any misconduct and the order of suspension has been issued at the instigation of the Minister for Devaswom as revealed from Ext.P4 facebook post of the Minister for Devaswom.
2. Respondents have filed a statement supporting
the order of suspension. As the order of suspension has been passed as early as on 01.10.2018 I don't find it necessary to go into the allegations and counter allegations. Going by the nature of allegations against the petitioner it need not be necessary to keep him outside any more. A memo of charge is already issued to
him on 3.11.2018. The learned counsel for the
W.P.(C) No.33326/18
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petitioner submits that he has already submitted his explanation.
In the above circumstances, the writ petition is disposed of, directing the respondents to reinstate the petitioner within a period of one week from the date of receipt of a copy of the judgment. All the contentions raised by the petitioner and the respondents are left open.
Sd/-
P.V.ASHA
JUDGE
rkc
W.P.(C) No.33326/18
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE IST RESPONDENT BOARD TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 01.10.2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE PHOTO ALLEGEDLY POSTED THROUGH THE FACEBOOK ACCOUNT OF THE PETITIONER.
EXHIBIT P4
TRUE COPY OF THE FACE BOOK POST DATED 01.10.2018 OF THE HONOURABLE DEVASWAM MINISTER, KERALA.
2 issues framed by the court
Whether the petitioner should be reinstated after suspension based on a Facebook post alleging insult to ministers.
Whether the order of suspension merits quashing given the nature of allegations.
VISHNU R.C. RAVEENDRAN NAIR
TRAVANCORE DEVASWAM BOARD
THE SUB GROUP OFFICER TRAVANCORE DEVASWAM BOARD, ULLUR, THIRUVANANTHAPURAM
THE ASSISTANT COMMISSIONER TRAVANCORE DEVASWAM BOARD, ULLUR, THIRUVANANTHAPURAM
THE DEPUTY COMMISSIONER TRAVANCORE DEVASWAM BOARD, ULLUR, THIRUVANANTHAPURAM
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
