Disposed

Abhijith Vijayan v. State of Kerala

Kerala HC10 Mar 2022WP(C)/7920/2022

Case brief

AI extract

What is this about?

Petitioner, a gym trainer on daily wages, was suspended without hearing. Court held the order was stigmatic and directed employer to afford petitioner an opportunity to explain before deciding on reinstatement.

What did the court decide?

Directed second respondent to consider petitioner's representation for reinstatement/subsistence allowance within one month after affording opportunity of hearing.

Abhijith Vijayan Vs State of Kerala — 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 MR.JUSTICE V.G.ARUN

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THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 WP(C) NO. 7920 OF 2022

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PETITIONER:

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ABHIJITH VIJAYAN, GYM TRAINER (ON DAILY WAGE) AGED 32 YEARS, SPORTS LIFE FITNESS CENTER, VATTIYOORKKAVU SHOOTING RANGE, RESIDING AT T.V.R.A 23, V.P. THAMPI ROAD, KUDAPPANAKKUNNU, PEROORKADA, THIRUVANANTHAPURAM- 695043

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BY ADVS. SRI. PRATHEESH.P SMT. ANJANA KANNATH

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, SPORTS AND YOUTH AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001

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2 THE MANAGING DIRECTOR, SPORTS KERALA FOUNDATION, (GOVERNMENT OF KERALA UNDERTAKING) JIMMY GEORGE INDOOR STADIUM, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033

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BY ADV. SRI. PREMCHAND R. NAIR, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 7920 OF 2022

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JUDGMENT

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Dated this the 10^th day of March, 2022

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The petitioner, while working as Gym Trainer on daily wages under the second respondent, was issued with Ext.P1, suspending him from duty with immediate effect and restricting him from entering the fitness centre or the office of the Sports Kerala Foundation, until further orders. The reason for issuance of Ext.P1 is alleged to be a false complaint, which the petitioner caused to be submitted by a co-trainer against another staff in the office. The petitioner has submitted Ext.P2 seeking reinstatement or in the alternative, grant of subsistence allowance.

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Learned Counsel for the petitioner submitted that the imputation against the petitioner is false and the petitioner was never granted an opportunity to prove his innocence.

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I find prima facie merit in the submission, in as much as Ext.P1 on the face of it is stigmatic.

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WP(C) NO. 7920 OF 2022

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Being so, the petitioner, though on daily wages, should be afforded an opportunity to submit an explanation to the imputation levelled against him.

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In the result, the writ petition is disposed of, directing the second respondent to consider Ext.P2 and pass orders thereon expeditiously and at any rate within one month of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner.

Sd/-

V.G.ARUN

JUDGE

NB/10-3

WP(C) NO. 7920 OF 2022

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APPENDIX OF WP(C) 7920/2022

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PETITIONER’S EXHIBITS

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EXHIBIT P1 TRUE COPY OF MEMO NO.VA-03/21/SKP DATED 01.12.2021 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.02.2022.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Abhijith Vijayan v. State of Kerala

Case brief

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Abhijith Vijayan v. State of Kerala

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