Petitioner sought writs to declare respondent ineligible for reinstatement and quash Board of Directors' decision. Court dismissed writ petition as infructuous on the hearing date without detailed reasoning.
Writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943
WP(C) NO. 26450 OF 2017
PETITIONER:
BIJU C.K.
S/O.KOCHUPAUL, CHAKRAMAKKAL HOUSE, PO KAIPARAMBU, THRISSUR. BY ADVS. SRI.V.V.ASOKAN (SR.) SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN
RESPONDENTS:
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL FOR R1 & R2 SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER SMT.REKHA VASUDEVAN FOR R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.26450 of 2017
2
JUDGMENT
Dated this the 7th day of January, 2022
S. MANIKUMAR, CJ.
Petitioner has sought for the following reliefs:
(i) Issue a writ of mandamus or other appropriate writ or order declaring that the 4th respondent is not at all eligible to be reinstated in service of the 1st respondent - Organization in the light of the concluded disciplinary proceedings culminated in the dismissal of his service from the organisation.
(ii)Issue a writ of mandamus or other appropriate writ or order or direction to respondents 1 and 2 to refrain from taking a decision to reinstate the 4th respondent as the General Manager (Finance) of the Kerala State Financial Enterprises Ltd.
(iii) Issue a writ of mandamus or other appropriate writ, order or direction to respondents 1 and 2 to consider the representation of the 4th respondent in the light of Ext. P6 judgment only in accordance with law and fairly reckoning the attendant circumstances which constrained the 1st respondent to terminate the 4th respondent from service as well as the stand taken by the Organization in Exhibit P4 counter affidavit as well as in Exhibit P5 letter addressed to the Government.
W.P.(C) No.26450 of 2017
3
(iiia) Call for the records of the case leading Exhibit P8 decision of the Board of Directors and quash the same by means of an appropriate writ or order in the nature of certiorari. (iiib) Issue a writ of mandamus or other appropriate writ or order forbearing the respondents 1 and 2 from implementing Exhibit P8 decision.
Placing on record the above, the writ petition is dismissed as infructuous.
Sd/-
S.MANIKUMAR CHIEF JUSTICE
Sd/-
smv
SHAJI P.CHALY JUDGE
W.P.(C) No.26450 of 2017 4
BIJU C.K.
KERALA STATE FINANCIAL ENTERPRISES LTD.
THE CHAIRMAN OF BOARD OF DIRECTORS KERALA STATE FINANCIAL ENTERPRISES LTD.
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT TAXES (H)
SARATH CHANDRAN S.
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
