Allowed

Shaji C.S., v. Managing Director

Kerala HC19 Sept 2022WP(C)/18417/2022

Case brief

AI extract

What is this about?

The High Court found that the petitioner was required to pay a substantial amount without prior notice. Holding that the action was indefensible as it inflicted liability without hearing the petitioner, the Court treated the order as a show-cause notice and directed respondents not to effect recovery until objections are considered.

What did the court decide?

The impugned order treated as a show-cause notice; objections to be filed within one month; recovery prohibited till objections considered.

Shaji C.S., Vs Managing Director — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 19TH DAY OF SEPTEMBER 2022 / 28TH BHADRA, 1944
WP(C) NO. 18417 OF 2022

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PETITIONER:

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SHAJI C.S.,
AGED 51 YEARS
S/O.SURENDRAN T.P, WORKING AS MAVELI CUSTODIAN (SENIOR
ASSISTANT), KOCHI DEPOT, KERALA STATE CIVIL SUPPLIES
CORPORATION LTD., RESIDING AT AMBADI HOUSE,
VARANAM P.O, CHERTHALA- 685 555.
BY ADVS.
P.SREEKUMAR
RENOY VINCENT
HELEN P.A.
ARUN ROY

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RESPONDENTS:

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1 THE MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD. MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI 682 020

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2 THE ADDITIONAL GENERAL MANAGER (P&A), KERALA CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI 682 020.

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3 THE REGIONAL MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REGIONAL OFFICE, 2ND FLOOR, SUPPLYCO HYPER MARKET BUILDING, GANDHI NAGAR, KOCHI 682 020.

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4 THE ASSISTANT MANAGER, KOCHI DEPOT, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., KOCHI DEPOT, KOCHI 682 002. BY ADV ANTONY MUKKATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 18417 OF 2022

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JUDGMENT

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Dated this the 19^th day of September, 2022

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This writ petition is filed seeking the following prayer:

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“(i) Issue a writ of certiorari or any other writ or order calling for the records leading to exhibit P5 and to quash the same.”

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Heard the learned counsel for the petitioner and the learned standing

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counsel appearing for the respondents.

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It is submitted by the learned counsel for the petitioner that the petitioner is working as Maveli Custodian in the cadre of Senior Assistant under the respondent-Corporation. It is submitted that by Ext.P5 order dated 17.05.2022, an amount of Rs.6,50,090/- had been found as payable by the petitioner and that petitioner was required to make the payment. The learned counsel for the petitioner submits that no notice of any nature had been served on the petitioner before Ext.P5 order was passed against

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him.

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A counter affidavit has been placed on record by the respondents wherein it is contended that it is based on the preliminary enquiry conducted by the Vigilance Officer that the order had been rendered against the petitioner. A circular dated 26.02.2005, which is produced as

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WP(C) NO. 18417 OF 2022

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Ext.R1(d), was also relied on by the respondents.

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Having considered the contentions advanced, I notice that the contention of the petitioner that no notice of any nature had been issued to him before Ext.P5 order was passed stands established by the pleadings. In view of the fact that the petitioner is being required to pay an amount of Rs.6,50,090/- by Ext.P5 notice, I am of the opinion that the action of the respondents having inflicted the liability without hearing the petitioner is completely untenable.

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In the above view of the matter, Ext.P5 order shall be treated as a show-cause notice. The objection of the petitioner shall be permitted to be filed within a period of one month from the date of receipt of a copy of this judgment. The objections preferred by the petitioner shall be taken into account and an appropriate order shall be passed. Till such time, the recovery proposed in Ext.P5 shall not be effected.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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NP

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WP(C) NO. 18417 OF 2022

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APPENDIX OF WP(C) 18417/2022

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PETITIONER’S EXHIBITS

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Exhibit P1A TRUE COPY OF THE SUBMISSION MADE BEFORE THE
4TH RESPONDENT ON 2.4.2022.
Exhibit P2A TRUE COPY OF THE NOTICE DATED 24.1.2022
ISSUED TO THE PETITIONER.
Exhibit P3A TRUE COPY OF THE LETTER DATED 7.4.2022
ADDRESSED TO THE 2ND RESPONDENT.
Exhibit P4A TRUE COPY OF THE COMPLAINT DATED 05.04.2022
AND THE RECEIPT ISSUED TO THE SAME ON
21.04.2022.
Exhibit P5A TRUE COPY OF THE COMMUNICATION DATED
17.05.2022 ISSUED TO THE PETITIONER.

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RESPONDENTS’ EXHIBITS

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Exhibit R1 APHOTOCOPY OF THE VIGILANCE REPORT DATED
11.4.2022
Exhibit R1 BPHOTOCOPY OF THE PROCEEDINGS NO.D.103/05
DATED 25.10.2021 OF THE DEPOT MANAGER (I/C),
KOCHI TALUK, SUPPLYCO
Exhibit R1 CPHOTOCOPY OF THE PROFORMA FOR CHANGE HANDING
OVER REPORT DATED 16.11.2021

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Exhibit R1 DPHOTOCOPY OF THE RELEVANT PAGES OF CIRCULAR
NO.20/2005 DATED 26.2.2005

Shaji C.S., v. Managing Director

Case brief

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Shaji C.S., v. Managing Director

Case brief

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