The Court dismissed the petitioner's challenge to show-cause notices issued for alleged misconduct. Finding no illegality in the notices, the writ petition failed. The employee was employed as a Thakil.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 8TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943
W.P.(C) NO.17682 OF 2021
PETITIONER:
M.P.SHIJU,(TAKIL LAVANAM)
AGED 42 YEARS,S/O. PURUSHOTHAMAN, MACHUNGAL VEEDU, CHEMPU P.O., VAIKOM DISTRICT, KOTTAYAM-696 608.
BY ADVS. K.REGHU KOTTAPPURAM R.MAHESH (KOTTAPPURAM) MURUKESH REGHU
RESPONDENTS:
1 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695 003.
2 THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695 003.
3 THE ASSISTANT DEVASWOM COMMISSIONER, VAIKOM GROUP, TRAVANCORE DEVASWOM BOARD, VAIKOM DISTRICT, KOTTAYAM-686 141.
4 THE ADMINISTRATIVE OFFICER, VAIKOM DEVASWOM, TRAVANCORE DEVASWOM BOARD, VAIKOM GROUP, VAIKOM DISTRICT, KOTTAYAM-686 141.
C.K PAVITHRAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.17682 OF 2021
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JUDGMENT
The petitioner was employed as a Thakil in temple under the 2nd respondent. While so, Ext.P2 notice was issued to him to show-cause as to why disciplinary proceedings shall not be initiated against him. Ext.P3 is the reply submitted by him. This was followed by Ext.P4 show-cause notice to which Ext.P5 reply was given. The petitioner has approached this Court challenging the notices issued to him.
The writ petition fails and the same is dismissed.
Sd/- SUNIL THOMAS JUDGE
bpr
W.P.(C) NO.17682 OF 2021
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APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 A PHOTO COPY OF JUDGMENT DATED 21.6.2019 IN W.P.(C) NO.10093 OF 2014.
EXHIBIT P2 A PHOTOCOPY OF NOTICE NO. 573 DATED 30.07.2020 ISSUED TO THE PETITIONER BY 4TH RESPONDENT.
EXHIBIT P3 A PHOTOCOPY OF REPLY DATED 01.08.2020 SUBMITTED BY PETITIONER AGAINST EXHIBIT P2 NOTICE. EXHIBIT P4 A PHOTOCOPY OF SHOW CAUSE NOTICE NO. ROC 11531/20/MIS-B DATED 20.07.2021. EXHIBIT P5 A PHOTOCOPY OF REPLY DATED 29.08.2021 AGAINST EXHIBIT P4 NOTICE. EXHIBIT P6 A PHOTOCOPY OF ORDER DATED 25.02.2013 OF KERALA STATE HUMAN RIGHTS COMMISSION.
1 issue framed by the court
Whether show-cause notices issued for misconduct against a temple employee are illegal.
M.P. Shiju
The Devaswom Commissioner, Travancore Devaswom Board
The Secretary, Travancore Devaswom Board
The Assistant Devswom Commissioner
The Administrative Officer, Vaikom Devaswom
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
