IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 32280 of 2006(P) --------------------------------------- PETITIONER(S): ------------------------- K.K. JOSEPH, S/O.LATE VARGHESE KURIAN, AGED 53 YEARS, GENERAL MANAGER, HINDUSTAN INSECTICIDES LIMITED (HIL), UDYOGAMANDAL UNIT, UDYOGAMANDAL-683 501, KOCHI, KERALA. BY ADV. MR.BABU JOSEPH KURUVATHAZHA MR.K.I.SAGEER RESPONDENT(S): ------------------------ 1. M/S.HINDUSTAN INSECTICIDES LIMITED, NEW DELHI, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, SCOPE COMPLEX, CORE-6, 2ND FLOOR, LODI ROAD, NEW DELHI-110 003. 2. CHAIRMAN AND MANAGING DIRECTOR, HINDUSTAN INSECTICIDES LIMITED, SCOPE COMPLEX, CORE-6, 2ND FLOOR, LODI ROAD, NEW DELHI-110 003. BY MR.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R1-2 BY ADV. MR.S.SREEKUMAR, SC FOR CBI FOR ADDL.R3 MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR ADDL.R3. MR.E.K.NANDAKUMAR FOR R1-2 MR.A.K.JAYASANKAR NAMBIAR FOR R1-2 MR.C.S.RAMANATHAN , SC, BSNL MR.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.32280/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER OF RECOGNITION CONFERRED ON BEHALF OF THE UNITED NATIONS ORGANISATION BY THE ORGANISTION FOR THE PROHIBITION CHEMICAL WEAPONS. P2:- COPY OF THE REPRESENTATION SUBMTITED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 25.10.06. P3:- COPY OF THE MEMORANDUM BEARING REFERENCE NO.E.1-411 DT. 17.11.06 ISSUED ON BEHALF OF THE 2ND RESPONDENT. P4:- COPY OF THE CHARGE-SHEET BEARING REFERENCE NO.E.1-411 DT. 1.11.06 ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 17.11.06. P6:- COPY OF THE DIRECTION DT. 31.8.05 ISSUED BY THE 2ND RESPONDENT. P7:- COPY OF THE REPRESENTATION DT. 29.11.06 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P8:- COPY OF THE FIR NO.RC/25(A) 2006-CB DT. 20.11.06 REGISTERED BY THE 3RD RESPONDENT.( IA. 17256/2006) P9:- COPY OF THE INTERIM ORDER DT. 20.12.06 IN WPC. NO.32280/06 OF THIS HONOURABLE COURT. P10:- COPY OF THE MEMO DT. 28.12.06 BEARING REF. NO.E.1-411 ISSUED BY THE 2ND RESPONDENT. P11:- COPY OF THE PROCEEDING OF ACTING HEAD OF THE ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS UNDER THE UNITED NATIONS ORGANIZATION AT THE HAGUE DT. 11.10.07. P12:- COPY OF THE AFFIDAVIT FILED BY SMT. MOLLY PAUL P., THE WIFE OF THE PETITIONER. (I.A. NO.4497/2009) P8:- COPY OF THE ORDER DT. 20.12.06 IN WPC. NO.32280/08 OF THIS HONOURABLE COURT. P9:- COPY OF THE PROCEEDING BEARING REF. NO.E.1-411 DT. 28.12.06 OF THE IST RESPONDENT. P10:- COPY OF THE PROCEEDING DT. 11.10.07 OF ORGANIZATION FOR THE PROHIBITION OF CHEMICAL WEAPONS UNDER THE UNO. W.P.(C) NO.32280/2006 P11:- COPY OF THE CHARACTER ASSESSMENT OF THE PETITIONER MADE BY THE CMD OF THE IST RESPONDENT DT. 8.9.06. P12:- COPY OF THE FIR NO.RC25(A)/2006/KER REGISTERED BY THE CBI. P13:- COPY OF THE JUDGMENT DT. 5.1.07 IN WA. NO.37/07 OF THIS HONOURABLE COURT. P14:- COPY OF THE JUDGMENT DT. 9.1.07 IN WPC. NO.618/07 OF THIS HONOURABLE COURT. P15:- COPY OF THE MEMORANDUM DT. 1.7.08 ISSUED BY THE CMD OF THE IST RESPONDENT. P16:- COPY OF THE STATEMENT OF ARTICLES OF CHARGES FURNISHED ALONG WITH EXT.P15. P17:- COPY OF THE EXPLANATION DT. 28.7.08 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P18:- COPY OF THE APPLICATION DT. 12.10 .08 FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE IST RESPONDENT. P19:- COPY OF THE PROCEEDING BEARING REF. NO.E.1-411 DT. 10.9.08 OF THE 2ND RESPONDENT. P20:- COPY OF THE PROCEEDING NO.NO.PE-4/29R(A) DT. 13.11.08 OF THE PUBLIC INFORMATION OFFICER OF THE HIL, UDYOGAMANDAL UNIT. P21:- COPY OF THE APPEAL DT. 9.12.08 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR (FINANCE) OF HIL. P22:- COPY OF THE PROCEEDING BEARING REF. NO.E.11.76 DT. 12.1.09 OF THE IST RESPONDENT. P23:- COPY OF THE REPORT ON THE INVESTIGATION OF PROCUREMENT OF INCINERATOR AT UDYOGAMANDAL, CONDUCTED BY MR.K.P.KHANDELWAL, THE DIRECTOR OF FINANCE OF THE IST RESPONDENT. P23(a):- COPY OF THE NOTICE BEARING NO.PCB/TVM/AQU/8673/84 DT. 12.3.04 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. P23(b):- COPY OF THE DIRECTION BEARING NO.PCB/TVM/HWM/4/5/90 DT. 25.8.04 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. P24:- COPY OF THE NOTICE BEARING NO.PCB/TVM/HWM/A/5/90 DT. 17.2.05 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. W.P.(C) NO.32280/2006 P25:- COPY OF THE PURCHASE ORDER DT. 31.5.05 ISSUED BY THE HIL, UDYOGAMANDAL UNIT. P26:- COPY OF THE PROCEEDING DT. 4.11.05 OF THE IST RESPONDENT. P27:- COPY OF THE PROCEEDING DT. 21.12.05 OF THE HIL, UDYOGAMANDAL UNIT. ANNEXURE 1:- COPY OF THE FIR NO.RC 25(A) /2006 CBI WAS REGISTERED ON 20.11.06. TRUE COPY P.A. TO JUDGE TSS P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 32280 of 2006 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April, 2009 J U D G M E N T The petitioner has approached this Court mainly with the grievance that his request while working as the General Manager of the respondent Company to relieve him from the service for accepting an assignment under one of the Organs of the United Nations was not favourably considered by the Company. The stand of the Company as revealed from the proceedings brought on record before this Court is that the petitioner had committed some serious misconduct while serving the Company, which even attracted enquiry by the CBI. It is stated that since the enquiry was going on, the Company was not in a position to relieve the petitioner from service and hence no permission could be given to take up the new assignment stated as obtained by the petitioner. 2. When the matter had come up for consideration before this Court on 20.12.2006, the petitioner suggested two options for consideration of the respondents as given below; (1) he might be permitted to resign from service without claiming any service benefits or (2) to relieve him with or without sanctioning leave. After considering the matter, this Court passed an interim order in the following terms. W.P.(C) No. 32280 of 2006 -:2:- i. The petitioner shall be allowed to resign from the post of the General Manager under the respondents with immediate effect. His resignation as above is subject to final orders in this Writ Petition and without prejudice to the right of the respondent to proceed with the disciplinary action pending against him. ii. The petitioner shall not claim terminal benefits or other service benefits from the respondents. iii. Proceedings/Orders shall be passed by the 2nd respondent relieving the petitioner from the post of General Manager forthwith, at any rate, on or before 30th December 2006 so as to enable him to report for duty as Inspector under the United Nations Organisation. 3. Pursuant to the interim order passed by this Court, the petitioner was relieved from the service and he joined the concerned Organ of the United Nations Organisation. On completion of the assignment, the petitioner returned and has come up before this Court producing certain new documents stated as obtained by him under the relevant provisions of the RTI Act and contending that absolutely no loss has been caused to the Company and that there is no point in proceeding with the domestic enquiry, which according to him, is only a measure of harassment. The petitioner has also sought to amend the writ petition for quashing Ext.P15 and Ext.P16 memo of charges and the statement of imputation issued to W.P.(C) No. 32280 of 2006 -:3:- him in the course of enquiry and also for a direction to release the entire terminal benefits payable to the petitioner. 4. As noted earlier, the relief of the petitioner from service of the respondent Company was caused to be effected on the basis of the interim order given by this Court, subject to the conditions/observations stipulated therein. As per the said interim order, admittedly the petitioner was relieved from service and he reaped his fortunes by virtue of the assignment obtained under the United Nations organization. This being the position, it is not correct or proper for the petitioner to take a 'U' turn and to cause the Writ Petition to be amended, seeking for wider reliefs. 5. According to the respondent Company, the matter has to be dealt with in detail and in fact 9 persons are involved in the transaction which forms the subject matter of the domestic enquiry. Proceedings in respect of some persons have already been completed and the proceedings in respect of the petitioner, could not be finalized only because of the non-co- operation of the petitioner. The learned counsel for the petitioner submits that he is very much prepared to co-operate with the respondent Company for having the proceedings completed and that he is even prepared to attend the same on a day to day basis. His only apprehension is that because of the protraction of the proceedings, the marriage of his son scheduled on 21.6.2009 might be adversely affected. W.P.(C) No. 32280 of 2006 -:4:- 6. Considering the above facts and circumstances, this Court does not find any merit or justification to review or modify the interim order dated 20.12.2006 and finds it fit and proper, that the proceedings already initiated by the Company be taken to its logical conclusion. In the said circumstances, the respondents are hereby directed to have the domestic enquiry initiated against the petitioner to be finalized, even by taking the proceedings on a day to day basis, if required, in view of the consent expressed from the part of the petitioner and final orders shall be passed as expeditiously, at any rate within one month from the date of receipt of a copy of this judgment. The retirement benefits payable to the petitioner, depending upon the outcome of the enquiry, shall also be released to the petitioner to the extent it is payable, within a further period of 2 weeks thereafter. P.R.RAMACHANDRA MENON, JUDGE kmd.