Disposed

Saraswathi P. v. State of Kerala

Kerala HC9 Nov 2021WP(C)/8337/2021

Case brief

AI extract

What is this about?

The petitioner, terminated as Secretary of a cooperative society, challenged the order via a writ petition. The court observed that the internal appeal was allowed, setting aside termination and ordering a fresh enquiry. The writ was disposed of directing respondents to finalise the enquiry within three months.

What did the court decide?

Direction to respondents 3 and 4 to finalise the enquiry within three months; direction to the appropriate authority to consider subsistence allowance application within one month.

Saraswathi P. Vs State of Kerala — 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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 9^TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943

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WP(C) NO. 8337 OF 2021

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PETITIONER:

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SARASWATHI P. AGED 41 YEARS W/O. SREEKUMAR, PONNEDATH, KIZHAKKEPPURAM, PARAVOOR P.O – 683 513, ERNAKULAM DISTRICT.

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BY ADV SRI. M. SASINDRAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR – 683 001. 3 THE KANDAMKULAM KSHEEROLPADAKA SAHAKARANA SANGHAM, LTD.NO.R61(D), P.O. METHALA - KODUNGALLOOR, THRISSUR – 680 669. 4 THE DISCIPLINARY SUB COMMITTEE, KANDAMKULAM KSHEEROLPADAKA SAHAKARANA SANGHAM LTD.NO.R61 (D), P.O. METHALA - KODUNGALLOOR, THRISSUR – 680 669, REPRESENTED BY ITS CONVENER. 5 THE MANAGING COMMITTEE, KANDAMKULAM KSHEEROLPADAKA SAHAKARANA SANGHAM LTD.NO.R61(D), P.O. METHALA - KODUNGALLOOR, THRISSUR – 680 669, REPRESENTED BY ITS PRESIDENT. BY ADVS. R3 – R5 - SRI. B. ASHOK SHENOY SRI. P.S. GIREESH SRI. ARJUN R. NAIK R1 & R2 - SRI. JIMMY GEORGE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.8337 OF 2021

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JUDGMENT

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The petitioner while working as the Secretary of the 3^rd respondent Society was terminated from service by Ext.P8 order passed by the 4^th respondent. Contending that the termination from service is made without any enquiry as contemplated in law, the petitioner has preferred Ext.P9 appeal before the 5^th respondent.

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This writ petition is filed challenging Ext.P8 order of terminatio n. It is submitted by the learned counsel for the 3rd respondent that Ext.P9 appeal has been allowed, setting aside Ext.P8 order of termination and ordering a fresh enquiry.

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The writ petition is therefore disposed of with a direction to respondents 3 and 4 to finalise the enqiury, within a period of three months, following all procedures as contemplated by law. Needless to say, the petitioner shall also co-operate with the enquiry.

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WP(C).No.8337 OF 2021

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With regard to the payment of subsistence allowance during the period the petitioner was kept under suspension, the petitioner can approach the appropriate Authority with application and the said Authority shall consider the same, within a period of one month from the date of receipt of request for subsistence allowance.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.8337 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 18.05.2020 ISSUED TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT SOCIETY. EXHIBIT P3 A TRUE COPY OF THE REPLY TO EXHIBIT P2. EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED 08.09.2020. EXHIBIT P5 A TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 20.09.2020. EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 09.11.2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE REPLY FURNISHED BY THE PETITIONER DATED 18.11.2020. EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 30.11.2020. EXHIBIT P9 A TRUE COPY OF THE STATUTORY APPEAL DATED 06.01.2021.

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RESPONDENTS'S EXHIBITS: NIL.

Saraswathi P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saraswathi P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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