Disposed

V. Vasudevan, v. Thiruvithamkoor Devaswom Board - Tdb

Kerala HC4 Oct 2021WP(C)/15491/2021

Case brief

AI extract

What is this about?

In a writ petition challenging a suspension order alleging financial irregularities, the Kerala High Court directed the petitioner to appear before the Finance Commissioner of the Thiruvithamkoor Devaswom Board for a hearing. The Court also ordered the petitioner be given an opportunity to peruse records and produced relevant documents before the hearing date.

What did the court decide?

Directed the petitioner to appear before the Finance Commissioner on 11.10.2021; granted time to peruse records; directed hearing to be concluded within seven days.

V. Vasudevan, Vs Thiruvithamkoor Devaswom Board - Tdb — Service and Employment | 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

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MONDAY, THE 4^TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943

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WP(C) NO. 15491 OF 2021

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PETITIONER/S:

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V. VASUDEVAN, AGED 53 YEARS S/O. LATE P. VASUDEVAN NAMBOODHIRI, HIGHER GRADE SUB GROUP OFFICER THIRUMUZHIKKULAM SUB GROUP, PARAVOOR GROUP, NORTH PARAVOOR-683579, RESIDING AT VADASSERI ILLIM, SOUTH GATE, VAIKOM-686142.

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BY ADV K.RAVI (PARIYARATH)

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RESPONDENT/S:

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1 THIRUVITHAMKOOR DEVASWOM BOARD, NANTHANCODE, KAWDIAR, POST, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY.

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2 THE COMMISSIONER,THIRUVITHAMKOOR DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003

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3 THE DEPUTY DEVASWOM COMMISSIONER,THIRUVITHAMKOOR DEVASWOM BOARD, NANTHANCODE, KAWIDAR POST, THIRUVANANTHAPURAM-695003.

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4 THE FINANCE COMMISSIONER,THIRUVITHAMKOOR DEVASWOM BOAD, NANTHANCODE, KOWDIAR, THIRUVANANTHAPURAM-695003.

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5 THE ASSISTANT DEVASWOM COMMISSIONER, AMBALAPUZHA, THIRUVITHAMKOOR DEVASWOM, AMBALAPPUZHA, ALAPPUZHA DISTRICT-688561.

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BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15491 OF 2021

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JUDGMENT

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The petitioner is working as Sub Group Officer of Thirumuzhikkulam Sub Group. He was placed under suspension alleging financial irregularities as a preclude to an enquiry. The petitioner has approached this court challenging the order of suspension.

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Pending the proceedings, statement has been filed by the respondents. Thereupon, a reply has also been filed by the petitioner. The learned counsel for the petitioner invited my attention to Ext.P7, by which it was held that the petitioner had given a representation dated 26.07.2021 lamenting that he was not given an opportunity of being heard and to place the records in his favour.

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To consider this, the finance commissioner had proposed to consider a review. He was directed to appear on 27.09.2021. Admittedly, the petitioner did not appear on that day. The explanation offered by the petitioner is that since

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WP(C) NO. 15491 OF 2021

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the writ petition is pending, he had chosen not to appear unless directed by the court. It seems that by Ext.P9, the time for appearance was extended and posted to 01.10.2021 on which day also, the petitioner did not turn up for the same reason.

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Having heard the learned counsel for the petitioner

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and the learned standing counsel for the Thiruvithamkoor Devaswom Board, I am inclined to direct the petitioner to appear before the finance commissioner of the Thiruvithamkoor Devaswom Board on 11.10.2021 at 9 am, at Kottamkulangara Devaswom office. The learned standing counsel for the Devaswom shall communicate this to the finance commissioner. The petitioner will be given a reasonable opportunity of producing a relevant documents, which he required and shall also be heard. If due to reasons beyond the control of the finance commissioner, he is not able to give hearing on that day, it shall be adjourned to a day within one week. Thereupon, the finance commissioner

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WP(C) NO. 15491 OF 2021

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shall pass appropriate orders within seven days from the date of hearing and communicate the copy to the parties. The entire process shall be completed accordingly. Question regarding the continuance of the suspension order will thereupon be decided by the Devaswom Board depending on the out come of the order to be passed by finance commissioner. The petitioner shall be given an opportunity to peruse the records maintained by the present sub group officer on written application, on any date during office hours before 11.10.2021.

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Writ Petition is disposed of.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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WP(C) NO. 15491 OF 2021

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APPENDIX OF WP(C) 15491/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE ORDER OF SUSPENSION ISSUED AT THE INSTANCE OF THE 2ND RESPONDENT, TO THE PETITIONER, DATED 26/07/2021.
Exhibit P2	TRUE COPY OF THE COMMUNICATION ISSUED AT THE INSTANCE OF THE 5TH RESPONDENT, TO THE PETITIONER, INTIMATING HIM ABOUT THE PROMOTION TRANSFER, DATED 02/11/2018.
Exhibit P3	TRUE COPY OF THE COMMUNICATION NO.365, ISSUED TO THE PETITIONER. AT THE INSTANCE OF THE 5TH RESPONDENT, ASKING HIM TO HAND OVER THE FULL CHARGE TO ONE MR. RAJEEV KUMAR, DATED 07/02/2019.
Exhibit P4	TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT, TO THE ASSISTANT DEVASWOM COMMISSIONER, ETTUMANOOR, DATED 24/03/2021.
Exhibit P5	TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE AMBALAPPUZHA ASSISTANT DEVASWOM ACCOUNTING OFFICER, DATED 29/03/2021.
Exhibit P6	TRUE COPY OF ORDER NO. ROC NO.10416/12/SUIT/NS NANTHANCODE, ISSUED AT THE INSTANCE OF THE 1ST RESPONDENT, DATED 22/06/2021.
Exhibit P7	TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT FOR INITIATING STEPS FOR REFUND, TO THE PETITIONER DATED 16/08/2018.
Exhibit P8	TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM AMBALAPPUZHA ASST. DEVASOM AUDIT OFFICER, CALLING UP ON THE

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WP(C) NO. 15491 OF 2021

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PETITIONER TO APPEAR ON 27/9/2021,DATED 20/9/21 Exhibit P9 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM AMBALAPPUZHA ASST. DEVASOM AUDIT OFFICER, CALLING UP ON THE PETITIONER TO APPEAR ON 1/10/2021, DATED 24/9/2021 RESPONDENT'S/S EXHIBITS: ANNEXURE R1(A) TRUE COPY OF THE CONSOLIDATED STATEMENT OF THE LIABILITY, ISSUED BY THE ASSISTANT DEVASWOM AUDIT OFFICER, FOUND AGAINST THE PETITIONER. ANNEXURE R1(B) TRUE COPY OF THE ACKNOWLEDGMENT DATED 29.03.2021 GIVEN IN THIS REGARD BY THE PETITIONER AT THE TIME OF REVIEW AUDIT.

V. Vasudevan, v. Thiruvithamkoor Devaswom Board - Tdb

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V. Vasudevan, v. Thiruvithamkoor Devaswom Board - Tdb

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