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Mohanachandran T v. Kerala State Beverages (Manufacturing and Marketing) Corporation

Kerala HC12 Jul 2021WP(C)/13803/2021

Case brief

AI extract

What is this about?

Writ petition by a suspended employee seeking production of documents and permission to engage a lawyer for domestic enquiry. Court directed enquiry officer to provide copies of relevant documents and adhere to natural justice principles.

What did the court decide?

Directed enquiry officer to provide copies of relevant documents to petitioner, grant time to peruse and make objections, and follow due procedure.

Mohanachandran T Vs Kerala State Beverages… — Pension and Retirement Benefits | 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 MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 12^TH DAY OF JULY 2021 / 21ST ASHADHA, 1943

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WP(C) NO. 13803 OF 2021

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PETITIONER:

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MOHANACHANDRAN T AGED 42 YEARS S/O.THANKAPPAN,U.D.CLERK,I.D.NO.52203,KERALA STATE BEVERAGES(M & M)CORPOATION LTD,FL-9,WARE HOUSE,THRISSUR,RESIDING AT THADATHIL HOUSE,KUNNAMANGALAM,KOZHIKODE-673521.

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BY ADVS. C.ANIL KUMAR A.K.PREETHA

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RESPONDENTS:

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1 KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION BEVCO TOWER,PALAYAM,THIRUVANANTHAPURAM695033,REPRESENTED BY ITS MANAGING DIRECTOR.

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2 MANAGING DIRECTOR, KERALA STATE BEVERAGES(M & M) CORPORATION LTD,BEVCO TOWER, PALAYAM,THIRUVANANTHAPURAM-695033.

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3 ANOOP.R,MANAGER, KSBC WAREHOUSE,MENONPARA, PALAKKAD-678556.

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SRI. T. NAVEEN- S.C.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13803 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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(1) a writ of mandamus or any other appropriate writ, order or direction directing the respondents to produce the documents sought by the petitioner in Exhibit P15 in the enquiry and to provide copies of the petitioner.

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(2) to hold that Exhibit P14 order passed is not in conformity with the directions contained in Exhibit P12 judgment.

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(3) to direct the respondents to conduct the domestic enquiry against the petitioner in a fair and proper manner, adhering to the principles of natural justice and fairness.

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Heard the learned counsel for the petitioner and the

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learned Standing Counsel appearing for the respondents.

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It is submitted by the learned counsel for the petitioner that

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the petitioner is placed under suspension and a charge memo had been issued to him. It is submitted that an enquiry is also been conducted as against the petitioner. The petitioner had made requests for completion of the enquiry at a time bound manner as also for the issuance of documents which are absolutely essential for defending his case in the enquiry. The petitioner had also submitted a representation seeking that he may be permitted to engage a lawyer to defend him in the proceedings. It is submitted that the request for being represented by a lawyer has been rejected. It is further

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WP(C) NO. 13803 OF 2021

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submitted that though the petitioner had approached the respondents seeking documents which are required for him to defend the enquiry, the same had not been provided to him. It is contended that the respondents are attempting to close the enquiry without following the due procedure and without giving copy of the documents to the petitioner.

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The learned Standing Counsel submits that since the presenting officer in the enquiry is not a lawyer, there is no right in the petitioner to contend that he is to be defended by a lawyer. The said request has been considered and rejected by Ext.P14. With regard to the contentions that documents are to be given to the petitioner, it is submitted that all available documents which are relevant for the purpose of the enquiry will be served on the petitioner and some time will be granted to the petitioner to submit his reply. It is submitted that due procedure for conduct of the enquiry will also be followed.

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Having considered the contentions advanced, I am of the opinion that the writ petition is to be disposed of with directions to the enquiry officer to provide copies of all relevant documents as sought for by the petitioner which are available with the respondents

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WP(C) NO. 13803 OF 2021

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and grant the petitioner some time to peruse the same and make additional written objections, if required before proceeding with the enquiry. The Enquiry Officer shall see that all due procedure is followed in the enquiry and while preparing the report.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C) NO. 13803 OF 2021

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APPENDIX OF WP(C) 13803/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE ORDER NO.6630/AE3(C)/2020/KSBC DATED 18/06/2020 ISSUED BY THE 1ST RESPONDENT
Exhibit P2	TRUE COPY OF THE REPRESENTATION DATED 25/06/2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
Exhibit P3	TRUE COPY OF THE JUDGMENT DATED 29/07/2020 IN W.P.(C)NO.15484/2020
Exhibit P4	TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS,NO.6630/AE3(C)/2020/KSBC,DATE D 05/08/2020 ISSUED TO THE PETITIONER
Exhibit P5	TRUE COPY OF THE EXPLANATION DATED 19/10/2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
Exhibit P6	TRUE COPY OF THE ORDER NO.6630/AE3(C)/2020/KSBC DATED 12/10/2020 ISSUED BY THE 2ND RESPONDENT
Exhibit P7	TRUE COPY OF THE ORDER NO.6630/AE3(C)/2020/KSBC,DATED 28/10/2020 ISSUED BY THE 2ND RESPONDENT
Exhibit P8	TRUE COPY OF ORDER NO.6630/AE3(C)/2020/KSBC DATED 15/12/2020 ISSUED BY THE 2ND RESPONDENT
Exhibit P9	TRUE COPY OF REPRESENTATION DATED 19/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P10	TRUE COPY OF THE COMMUNICATION DATED 30/11/2020 SEND BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT
Exhibit P11	TRUE COPY OF THE REPRESENTATION DATED

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WP(C) NO. 13803 OF 2021

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	11/01/2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
Exhibit P12	TRUE COPY OF THE JUDGMENT DATED 03/02/2021 IN W.P.(C)NO.2756/2021
Exhibit P13	TRUE COPY OF THE ENQUIRY NOTICE DATED 22/06/2021 ISSUED BY THE 3RD RESPONDENT
Exhibit P14	TRUE COPY OF THE NOTICE DATED 25/06/2021 ISSUED BY THE 3RD RESPONDENT
Exhibit P15	TRUE COPY OF LETTER DATED 29/06/2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P16	TRUE COPY OF THE LETTER DATED 29/06/2021 ADDRESSED TO THE 3RD RESPONDENT
Exhibit P17	TRUE COPY OF THE POSTAL RECEIPT DATED 29/06/2021 EVIDENCING POSTING OF EXHIBIT P-15.

Mohanachandran T v. Kerala State Beverages (Manufacturing and Marketing) Corporation

Case brief

What is this about?

What did the court decide?

Mohanachandran T v. Kerala State Beverages (Manufacturing and Marketing) Corporation

Case brief

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What did the court decide?

What the court decided

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