IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 15384 of 2008(F) -------------------------- PETITIONER: ------------ P.HUSSAIN,S/O. HASSANKUTTY, AGED 55 YEARS, JUNIOR ASSISTANT, KRALA STATE CIVIL SUPPLIES CORPORATION LTD SUPPLYCO CUPER MARKET, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE, RESIDING AT PALLIYALIN HOUSE POST ARIYALLUR,MALAPPURAM DISTRICT 676 312. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: ------------- 1. KERALA STATE CIVIL SUPPLIES CORPN.LTD. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI-682 020. 2. THE REGIONAL MANAGER REGIONAL OFFICE, KERALA STATE CIVIL SUPPLIES CORPN.LTD. KOZHIKODE. BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 15384 of 2008 --------------------------------- Dated this the 30th day of May, 2008. JUDGMENT The petitioner challenges Exts.P7 and P9 orders passed by the first and second respondents respectively. These are orders passed pursuant to disciplinary action being taken against the petitioner. When the writ petition came up for admission, I requested the Standing Counsel Smt. Molly Jacob to get instructions as to whether there is any alternate remedy in relation to Ext.P9. Learned counsel on instructions brings to my notice the Kerala State Civil Supplies Corporation Helpers Service Rules 1978. Reference is made to Rule 16(iii) of the Rules which provides that disciplinary authority for helpers will be the Regional Manager concerned or the Managers in the Head Office and the appellate authority will be the General Manager, Additional Manager or the Secretary. The Managing Director has power to review any disciplinary action at any stage and pass orders in this regard. It is pointed out that Ext.P7 order passed by the disciplinary authority viz. Regional Manager should have WPC.15384 /2008 2 been subjected to appeal before the General Manager in terms of clause 16(iii). But the petitioner submitted an appeal before the Managing Director. In effect therefore the petitioner seems to have lost one chance of an alternate remedy before the competent authority. 2. Learned counsel for the Corporation then refers to Rule 2 of the Rules which reads as follows: “ When the operation of these rules causes undue hardship in any particular case, the Board may dispense with or relax the requirement of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.” 3. She submits that in these circumstances it will be open to the petitioner to approach the Board with an application invoking Rule 2 of the Rules and seek reconsideration of the entire matter. It will be considered and dealt with in accordance with law. This submission is recorded. 4. In the result, the writ petition is disposed of in the following terms: WPC.15384 /2008 3 The petitioner may prefer a representation styled as a revision and addressed to the Board of Directors of the Civil Supplies Corporation within three weeks from today. It shall then be considered and appropriate orders passed by the Board after hearing the petitioner, within a period of three months thereafter. Recovery pursuant to Ext.P9 shall be kept in abeyance till a decision is taken by the Board. V. GIRI, JUDGE. Pmn/ WPC.15384 /2008 4