Disposed

Sreeja Vijayan v. State of Kerala

Kerala HC10 Nov 2021WP(C)/11658/2021

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions challenging suspension orders of Technopark employees. After staying the suspension and confirming the initiation of enquiry, the Court directed the second respondent to complete the domestic enquiry within three months of receiving the judgment while maintaining the status quo.

What did the court decide?

Direction to complete the domestic enquiry within three months and maintain status quo.

Sreeja Vijayan Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 10^TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA, 1943 WP(C) NO. 11975 OF 2021

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PETITIONER:

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1 GITA GOPALAKRISHNAN AGED 59 YEARS W/O. B.GOPALAKRISHNAN, MANAGER, STATUTORY AND LEGAL, UNDER ORDERS OF SUSPENSION, TECHNOPARK, PARK CENTRE, TECHNOPARK CAMPUS, THIRUVANANTHAPURAM - 695 581, RESIDING AT BHAVANI SADANAM, PALLICKACHIRA P.O, PAIPPAD, CHANGANACHERRY, PIN 686 537. THIRUVANANTHAPURAM, PIN – 686537

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BY ADVS. M.R.HARIRAJ THANUJA ROSHAN GISHA G. RAJ REJIVUE VISHNU RAJAGOPAL VISWAJITH C.K

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF ELECTRONICS AND INFORMATION TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM - 695001 ERNAKULAM, PIN – 695001

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2 THE CHIEF EXECUTIVE OFFICER TECHNOPARK, PARK CENTRE, TECHNOPARK CAMPUS, THIRUVANANTHAPURAM - 695 581 THIRUVANANTHAPURAM, PIN – 695581

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BY ADVS. SMT.PARVATHY KOTTOL, GP PUBLIC PROSECUTOR

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WPC NOS.11975 OF 2021 & 11658 OF 2021

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K.V.RASHMI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2021, ALONG WITH WP(C).11658/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NOS.11975 OF 2021 & 11658 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 10^TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA,

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1943

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WP(C) NO. 11658 OF 2021

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PETITIONER:

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1 SREEJA VIJAYAN AGED 34 YEARS ASSISTANT MANAGER (LEGAL), (UNDER ORDERS OF SUSPENSION), ELECTRONIC TECHNOLOGY PARKS-KERALA (TECHNOPARK), KARYAVATTOM, THIRUVANANTHAPURAM-695581.

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BY ADVS.

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K.P.SATHEESAN (SR.) P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR S.K.ADHITHYAN SABU PULLAN GOKUL D. SUDHAKARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, ELECTRONICS AND INFORMATION TECHNOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE CHIEF EXECUTIVE OFFICER TECHNOPARK, PARK CENTRE, TECHNOPARK CAMPUS, THIRUVANANTHAPURAM-695581.

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BY ADVS. SMT. PARVATHY KOTTOL, GP SMT. K.V.RASHMI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2021, ALONG WITH WP(C).11975/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NOS.11975 OF 2021 & 11658 OF 2021

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COMMON JUDGMENT

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Dated this the 10^th day of November, 2021 [WP(C) Nos.11975/2021, 11658/2021]

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The petitioners, who were employed under the second respondent, were placed under suspension by Ext.P11 in W.P(C).11975 of 2021 and Ext.P9 in W.P(C).11658 of 2021. Both the petitioners challenged the order of suspension. By an interim order of this Court, the suspension order was stayed. Consequently, the petitioners are continuing in service. It is reported that the enquiry has commenced and is progressing.

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Having considered this, rather than going into

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the correctness of the order of suspension, I feel it expedient to ensure that the enquiry proceedings are completed at the earliest. Accordingly, there will be a direction to the second respondent, to complete the domestic enquiry as against the petitioners herein, as expeditiously as possible and to complete it, within a

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WPC NOS.11975 OF 2021 & 11658 OF 2021

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period of three months from the date of receipt of a copy of this judgment. The status quo as on today regarding their employment will continue till the conclusion of the enquiry as directed above.

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The Writ Petitions are disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE

SKP/10-11

Direction to the 2^nd respondent occurring in the 5^th line of Paragraph 2 of the Common Judgment dated 10.11.2021 in WP(C) Nos. 11975/2021(V) & 11658/2021(F) stands modified “directing the first respondent Government to ensure that the enquiry is completed as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of the judgment” as per order dated 18.01.2022 in IA No.1/2021 in WP(C) Nos. 11975/2021(V) & 11658/2021(F).

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Sd/JOINT REGISTRAR

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WPC NOS.11975 OF 2021 & 11658 OF 2021

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APPENDIX OF WP(C) 11975/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 A TRUE COPY OF LETTER NO.A2/52/2018/ITD DATED 12.07.2018 ISSUED FOR THE FIRST RESPONDENT.
EXHIBIT	P2 A TRUE COPY OF MEMO DATED 10.11.2020 OF SECOND RESPONDENT.
EXHIBIT	P3 A TRUE COPY OF REPRESENTATION DATED 13.11.2020 SUBMITTED TO THE SECOND RESPONDENT.
EXHIBIT	P4 A TRUE COPY OF DAILY ORDER SHEET 10 AND 11.
EXHIBIT	P5 A TRUE COPY OF DAILY ORDER SHEET NO.3 OF THE INTERNAL COMMITTEE.
EXHIBIT	P6 A TRUE COPY OF DAILY ORDER SHEET NO.7 OF THE INTERNAL COMMITTEE.
EXHIBIT	P7 A TRUE COPY OF REPRESENTATION DATED 4.12.2020.
EXHIBIT	P8 A TRUE COPY OF NOTE DATED 27.11.2020 OF THE SECOND RESPONDENT.
EXHIBIT	P9 A TRUE COPY OF REPORT DATED NIL SUBMITTED BY THE INTERNAL COMMITTEE.
EXHIBIT	P10 A TRUE COPY OF GO(RT)64/2021/ITD DATED 29.04.2021.
EXHIBIT	P11 A TRUE COPY OF ORDER NO.ETPK:HR:022:2021 DATED 30.04.2021.
EXHIBIT	P12 A TRUE COPY OF INTERIM ORDER DATED 2.06.2021 IN WP(C) 11658/2021.
RESPONDE	NTS' EXHIBITS: NIL

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WPC NOS.11975 OF 2021 & 11658 OF 2021

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APPENDIX OF WP(C) 11658/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE PETITIONER BY THE 02.11.2020.	MEMO GIVEN TO THE 2ND RESPONDENT DATED
EXHIBIT P2	TRUE COPY OF THE BY THE PETITIONER	EXPLANATION SUBMITTED DATED 06.11.2020.
EXHIBIT P3	TRUE COPY OF THE NO.ETPK:CD:2020:1 ISSUED BY THE 2ND	OFFICE ORDER 1:014 DATED 24.11.2020 RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE BY THE PETITIONER COMMITTEE DATED 0	EXPLANATION SUBMITTED BEFORE THE ENQUIRY 4.12.2020.
EXHIBIT P5	TRUE COPY OF THE MADE BY THE PETIT ENQUIRY COMMITTEE	ADDENDUM SUBMISSION IONER BEFORE THE DATED 08.12.2020.
EXHIBIT P6	TRUE COPY OF THE GIVEN BY THE PETI ENQUIRY COMMITTEE	WRITTEN SUBMISSION TIONER BEFORE THE DATED 14.12.2020.
EXHIBIT P7	TRUE COPY OF THE SUBMITTED BY THE	ENQUIRY REPORT ENQUIRY COMMITTEE.
EXHIBIT P8	TRUE COPY OF THE G.O(RT)NO.64/2021 ISSUED BY THE 1ST	ORDER /ITD DATED 29.04.2021 RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE NO.ETPK:HR:002:20 ISSUED BY THE 2ND	OFFICE ORDER 21 DATED 30.04.2021 RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE & L/016 DATED 27. RIGHT TO INFORMAT	NOTE NO.ETPK:CD:2020/S 11.2020 OBTAINED UNDER ION ACT.
EXHIBIT P11	TRUE COPY OF THE 24.12.2020 OBTAIN UNDER RIGHT TO IN	REFERENCE DATED ED BY THE PETITIONER FORMATION ACT.

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A.TO JUDGE

Sreeja Vijayan v. State of Kerala

Case brief

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Sreeja Vijayan v. State of Kerala

Case brief

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