IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 6920 of 2009(H) ------------------------- PETITIONER: --------------- N.SATHEESD BABU, COMMERCIAL MANAGER, M/S.TRAVANCORE TITANIUM PRODUCTS LTD., KOCHUVELI, THIRUVANANTHAPURAM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL RESPONDENTS: --------------- 1. THE MANAGING DIRECTOR, TRAVANCORE TITANIUM PRODUCTS LTD., KOCHUVELI, THIRUVANANTHAPURAM-21. 2. P.S.SHEREEF, ENQUIRY OFFICER, M/S.ABDUL KAREEM ASSOCIATES, VANCHIYOOR, TRIVANDRUM-35. BY SC SRI. B.S. KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 6920 of 2009 -------------------------- Dated this the 16th March,2009 J U D G M E N T Petitioner is aggrieved by the denial of assistance of an Advocate in the disciplinary enquiry that is being conducted against him. He is working as a Commercial Manager under the 1st respondent. Exhibit-P1 is the memo of charges issued to him to which he has filed a suitable explanation. An enquiry officer has already been appointed as per Exhibit-P3. By Exhibit-P6 communication dated 23.10.2008 the enquiry officer intimated him that he has the liberty to engage an authorised representative or an advocate to represent him in the enquiry. As the petitioner was unable to move out due to sickness so as to attend the enquiry he engaged a counsel to represent him. On the appointed day i.e. 5.11.2008, an Advocate filed vakalath on behalf of the petitioner. The management was also given liberty to engage an Advocate if they require. It was postponed W.P ( C) No. 6920 of 2009 2 to 21.11.2008. On the same day, Exhibit-P7 statement was filed. In the next sitting on 27.1.2009 the management moved the enquiry officer to withdraw the permission granted to engage an advocate to appear on behalf of the petitioner. Petitioner also filed Exhibit-P8 seeking to produce certain documents. On 3.2.2009 petitioner was made ex parte in spite of the presence of the Advocate on behalf of the petitioner. Subsequently he filed Exhibit-P10 before the disciplinary authority in the matter. He approached this Court by filing this writ petition as no further orders are passed in the matter and the enquiry was posted on 4.3.2009. 2. Heard learned standing counsel appearing for the 1st respondent also. It is pointed out that the management is represented by a presenting officer and not by a lawyer and therefore the right if any of the petitioner is only to appear through an authorised representative being a co-worker. After contacting the petitioner, the learned counsel for the petitioner submitted that the said suggestion is aggreable to him and the petitioner may be W.P ( C) No. 6920 of 2009 3 given the permission to appear by himself along with a co- worker. Therefore the enquiry officer will permit the petitioner to appear personally along with a co-worker. Since the petitioner has already been set ex parte the petitioner will file appropriate application to set aside the said order and the Enquiry Officer will allow him to participate in the further proceedings of the enquiry. The writ petition is accordingly disposed of. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 6920 of 2009 4 W.P ( C) No. 6920 of 2009 5