IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37105 of 2008(P) ---------------------------------------- PETITIONER(S): ------------------------- B.VISWANATHAN, 42 YEARS S/O.BHASKARAN, VISWALAYAM,KATTANAM, PALLICKAL PO., ALAPPUZHA, (PEON , UNDER SUSPENSION, KERALA COIR WORKERS WELFARE FUND BOARD, SITE OFFICE, THRIKKUNNAPUZHA.) BY ADV. SRI.VINCENT JOSEPH SRI.ANIL R.NATH SRI.A.V.CHARLES RESPONDENT(S): ------------------------- 1. CHIEF EXECUTIVE OFFICER KERALA STATE COIR WORKERS WELFARE FUND BOARD, H.O.ALAPPUZHA. 2. CHAIRMAN, KERALA STATE COIR WORKERS WELFARE FUND BOARD, HO.ALAPPUZHA. 3. DIRECTOR, KERALA LOCAL FUND AUDIT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. SUB OFFICER, KERALA COIR WORKERS WELFARE FUND BOARD, SUB OFFICE, THRIKKUNNAPUZHA. ADV. SRI.DENIZEN KOMATH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.37105 of 2008 ====================================== Dated this the 17th day of December 2008 JUDGMENT Heard Sri.Vincent Joseph, the learned counsel appearing for the petitioner and Sri.Denison Komoth, the learned standing counsel appearing for the Coir Workers Welfare Fund Board. 2. The petitioner is a Peon in the service of the Kerala Coir Workers Welfare Fund Board. He was placed under suspension by Ext.P1 order dated 4.11.2008 issued by the Chief Executive Officer of the Board. The order of suspension is based on a report submitted by the fourth respondent Sub Officer to the effect that the petitioner has confessed that he has misappropriated the contributions paid to the Kerala Coir Workers Welfare Fund Board. Ext.P1 also discloses that the Sub Group Officer has reported that he had recovered the receipt book bearing No.5211 from the petitioner. The petitioner has aggrieved by Ext.P3 moved the first respondent Chief Executive Officer seeking revocation of Ext.P1 order of suspension. In this Writ Petition, the petitioner challenges Ext.P1 and also the consequential order issued by the Chief Executive Officer of the Kerala Coir Workers Welfare Fund Board directing him to refund the sum of Rs.80,255/-, said to have been misappropriated by him together with interest thereon at 18% per annum. 3. The pleadings disclose that the Chief Executive Engineer W.P.(C)No.37105 of 2008 2 has placed the petitioner under suspension based on the report submitted by the fourth respondent Sub Officer. It is the petitioner’s case that the Sub Officer is the person authorized to collect the contributions to the Welfare Fund Board and remit it in the fund and that as a Peon, he had no role to play either in the collection of the contribution or in the remittance to the fund. The petitioner has in Ext.P3 also stated that he has not confessed having misappropriated money and that he is being made a scape-goat for the irregularities committed by the superior officers. 4. It is not in dispute that the provisions of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 apply to the employees of the Kerala State Coir Board Workers Welfare Fund Board also. Rule 10(6) of the said Rules empowers the authority which passed the order of suspension or any authority to which that authority is subordinate to revoke the order of suspension, if grounds are made out for such revocation. In the instant case, the petitioner has in Ext.P3 invoked the said power of the Chief Executive Officer. In the light of the fact that the petitioner disputes the recitals in Ext.P1 and states that he has been victimized and made a scape-goat, it is only desirable that the Chief Executive Officer bestows attention to the case set out by the petitioner in Ext.P3 and takes a decision thereon at the W.P.(C)No.37105 of 2008 3 earliest. In these circumstances, I dispose of the Writ Petition with a direction to the first respondent to consider Ext.P3 representation and take a decision thereon, after affording the petitioner an opportunity of being heard. Final orders in the matter shall be passed within one month from the date on which the petitioner produces a certified copy of this judgment. The contentions of the petitioner on merits are kept open. Till orders are passed on Ext.P3, the recovery proposed in Ext.P2 shall be kept in abeyance. P.N.RAVINDRAN, JUDGE css/