IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 3698 of 2009(M) ------------------------- PETITIONER(S): --------------- N.S.MANI, CAMP FOLLOWER (CF 8413), ARMED RESERVE CAMP, KOZHIKODE RURAL, RESIDING AT NADUTHODI SRAMBIKKAL, ARIYALLOOR-P.O., MALAPPURAM DISTRICT. BY ADV. SRI.T.R.RAVI SRI.P.S.MURALI RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, KOZHIKODE RURAL, VADAKARA-5. 2. THE COMMANDANT, KERALA ARMED POLICE BATTALION NO.3, ADOOR. 3. THE TOWN EMPLOYMENT EXCHANGE, TIRURANGADI. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 3698 of 2009 --------------------------------------------------- Dated this the 20th day of February, 2009 JUDGMENT The petitioner is working as Camp Follower attached to the Kerala Police, at Rural Camp, Maloorkunnu, Kozhikode. He was recruited through the third respondent Employment Exchange and was appointed by the second respondent as per Ext.P1 order. He was posted as Barbar with effect from 27.5.2005. While continuing so, he was issued Ext.P3 Show Cause Notice seeking to terminate his service on the allegation that his name has been sponsored by the Employment Exchange in an improper manner. He has submitted Ext.P4 reply. Ext.P5 is a Circular issued by the Government, containing procedures to be followed in such cases. According to the petitioner Ext.P3 contains no details of the alleged irregularities. 2. The respondents have filed a statement as directed by this Court. The content of the statement shows that there is a recommendation by the Director of Vigilance and Anti Corruption Bureau to terminate the service of the petitioner after observing procedural formalities. The show cause notice was issued accordingly. The apparent irregularity noticed in the wpc:3698 of 2009 2 matter of appointment as per the findings of Vigilance Enquiry is that the Employment Officer, Thirurangadi, being a public servant colluded and conspired with the petitioner, sent a false list to District Employment Officer, Pathanamthitta on 8.2.2004 by mentioning the seniority of the petitioner as 19.2.1981 instead of the actual seniority as on 19.12.1991 by forging connected records and as a result the petitioner got appointed as Camp Follower at KAP III Battallion, Adoor, Pathanamthitta. 3. The learned counsel appearing for the petitioner submits that the contends of Ext.P3 are totally lacking in any of the details and even the details stated in the statement have not been mentioned. It is submitted that he is entitled to be supplied with all materials and the show cause notice like Ext.P3 cannot be said to be a properly issued one. Even going by Ext.P5, all opportunities should be given to the person concerned to file explanation. When explanation is sought for, the authority is bound to supply all information and materials for enabling the appointee to furnish an explanation effectively and adequately. I find force in the above submission. In the result, the writ petition is disposed of directing the first respondent to furnish all details to the petitioner in addition wpc:3698 of 2009 3 to those which are supplied as Ext.P3 for enabling him to raise his defence in the matter within a period of one month from the date of receipt of a copy of this judgment. The petitioner will be given an opportunity to furnish additional explanation and a hearing in the matter and final orders will be passed within a period of two months thereafter. T.R.RAMACHANDRAN NAIR, JUDGE bps