Disposed

Santhosh R., v. Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd.

Kerala HC15 Sept 2021WP(C)/18805/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a recovery notice demanding the petitioner remit funds attributed to alleged losses. The court directed the petitioner to file objections with the General Manager before the case is reheard.

What did the court decide?

Directed petitioner to file objection to Ext.P5 before 2nd Respondent; deferred further proceedings.

Santhosh R., Vs Kerala State Beverages (Manufacturing… — 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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WEDNESDAY, THE 15^TH DAY OF SEPTEMBER 2021/24TH BHADRA, 1943 WP(C) NO. 18805 OF 2021

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PETITIONER/S:

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SANTHOSH R., AGED 44 YEARS S/O. RAJENDRAN VARUVILA, AISWARYA NAGAR, 132, MANGAD P.O KOLLAM DISTRICT, 691 015, NOW WORKING AS ASSISTANT GRADE 1,FL-I SHOP NO. 5019, OF KSBC, PALLICKATHODU, KOTTAYAM DISTRICT.

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BY ADVS. JOSEPH GEORGE JIBU P THOMAS

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RESPONDENT/S:

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1 KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BEVCO TOWER, VIKAS BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM 695 033.

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2 THE GENERAL MANAGER, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING), CORPORATION LTD, BEVCO TOWER, VIKAS BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM 695 033. 3 THE INTERNAL AUDITOR, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING), CORPORATION LTD, BEVCO TOWER, VIKAS BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM 695 033.

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OTHER PRESENT:

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SC SRI. T.NAVEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 9656266014

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W.P.C.No. 18805 of 2021

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JUDGMENT

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Dated this the 15th day of September 2021

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The pet9656266014itioner is aggrieved by Ext.P5 proceedings dated 26.08.2021 of the internal auditor by which the petitioner was directed to remit a sum of Rs.6,19,384/stated to be the portion of loss caused to the Corporation by the conduct of employees including the petitioner, relating to one of its retail outlet. The petitioner contends that he is not responsible and liability cannot fixed on him on the basis of a composite liability.

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Having heard the learned counsel for the petitioner and the learned Standing Counsel for the Kerala State Electricity Board, I am inclined to dispose of the writ petition itself by directing the petitioner to file his objection to Ext.P5, before the 2^nd respondent, within a period of 15 days from today. If such representation/objections is filed, the 2^nd respondent shall pass appropriate orders on it within a period of one month from the date of receipt of such objection,

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W.P.C.No. 18805 of 2021

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with9656266014 due notice to the petitioner and after giving him a reasonable opportunity of being heard either physically or by virtual mode. Petitioner is directed to serve a copy of the writ petition before the 2^nd respondent along with the objection.

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In the meanwhile till final orders are passed further proceedings pursuant to Ext.P5 will stand deferred.

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Accordingly this writ petition is disposed of.

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Sd/- SUNIL THOMAS, JUDGE

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Dxy

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W.P.C.No. 18805 of 2021

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APPENDIX OF WP(C) 18805/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTO COPY OF THE CRIME AND OCCURRENCE REPORT DATED 28.03.2021 IN CR 14/2021 OF VARAPUZHA EXCISE RANGE. Exhibit P2 TRUE PHOTOCOPY OF THE ORDER DATED 29.06.2021 IN B.A. 2967/2021 OF THIS HONBLE COURT. Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE NO. 5985/AE3(B)/2021/KSBC DATED 20.04.2021. Exhibit P4 TRUE PHOTO COPY OF THE REPLY DATED 04.05.2021 SUBMITTED BEFORE THE IST RESPONDENT BY THE PETITIONER . Exhibit P5 TRUE PHOTO COPY OF RECOVERY NOTICE NO. KSBC/IA9/7032/2021-22 DATED 26.08.2021 ISSUED BY THE 3RD RESPONDENT.

Santhosh R., v. Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd.

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Santhosh R., v. Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd.

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