Dismissed

Sunil Kumar R., v. the Kerala Shipping and Inland Navigation Corporation Ltd. - Ksinc

Kerala HC3 Sept 2021WP(C)/17874/2021

Case brief

AI extract

What is this about?

This habeas corpus type writ petition concerning removal from service due to unauthorized absence. The court directed the Board of Directors to convene a meeting to act on the pending review petition within 45 days or virtually if necessary.

What did the court decide?

Direction to respondents 1 and 2 to convene a meeting of the Board of Directors on Ext.P3 within 45 days, or virtually if not possible.

Sunil Kumar R., Vs the Kerala Shipping and Inland… — 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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FRIDAY, THE 3^RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943

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WP(C) NO. 17874 OF 2021

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PETITIONER:

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1 SUNIL KUMAR R., AGED 47 YEARS

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S/O. G. RAGHAVAN, 'AMBIKA MANDIRAM', KARIYANGIL COLONY, PARUTHIKUZHI P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695541.

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BY ADVS. SHABU SREEDHARAN V.PRINCE DEV JINSON OUSEPH CHITRA VIJAYAN

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RESPONDENTS:

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1 THE KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD. - KSINC, REPRESENTED BY ITS MANAGING DIRECTOR, UDAYA NAGAR ROAD, GANDHI NAGAR, KOCHI-682020.

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2 THE COMPANY SECRETARY, THE KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD. - KSINC, UDAYA NAGAR ROAD, GANDHI NAGAR, KOCHI-682020.

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BY ADV.SRI.SANTHOSH MATHEW, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17874 OF 2021

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JUDGMENT

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Dated this the 03^rd day of September, 2021

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The petitioner herein was issued with a notice to show cause why he shall not be removed from service for repeated unauthorised absence. He appeared and made his submissions. Subsequently, he was removed from service. Contending that the removal was in violation of the provisions of the KSINC Service Rules, the petitioner submitted Ext.P3 review petition before the Board of Directors requesting them to reconsider the decision. The grievance of the petitioner is that inspite of the fact that the review petition was filed on 01.03.2021, no action has been taken on it till now.

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The learned Standing Counsel for the respondent submitted that due to the existing pandemic, the Board could not meet for the last few months and accordingly, the review petition could not be taken up.

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Having heard the learned Counsel for the petitioner and the learned Standing Counsel for the

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WP(C) NO. 17874 OF 2021

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respondents, I am inclined to dispose of the Writ Petition itself with a direction to respondents 1 and 2 to convene a meeting of the Board of Directors as expeditiously as possible, and if for any reason the meeting could not be convened within the limit fixed by this Court, meeting shall be convened by virtual mode and to pass appropriate orders on Ext.P3, as expeditiously as possible, at any rate, within a period of forty five days from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of, as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/3-9

WP(C) NO. 17874 OF 2021

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APPENDIX OF WP(C) 17874/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE ORDER WITH NO. A- 9/355/2006 DATED 01/12/2006.

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EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE KSINC SERVICE RULES DATED NIL.

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EXHIBIT P3 THE TRUE COPY OF THE REVIEW PETITION WITHOUT THE ANNEXURES PRODUCED THEREIN SUBMITTED BY THE PETITIONER BEFORE THE BOARD OF DIRECTORS OF THE 1ST RESPONDENT DATED 01/03/2021.

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EXHIBIT P4 THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 16/03/2021.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Sunil Kumar R., v. the Kerala Shipping and Inland Navigation Corporation Ltd. - Ksinc

Case brief

What is this about?

What did the court decide?

Sunil Kumar R., v. the Kerala Shipping and Inland Navigation Corporation Ltd. - Ksinc

Case brief

What is this about?

What did the court decide?

What the court decided

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