IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 20856 of 2009(B) -------------------------------------- PETITIONER(S): ---------------------- P.C.BABU, JOINT CHIEF MANAGER, (R & D) TRAVANCORE CEMENTS LTD, KOTTAYAM. BY ADV. SRI.A.K.ALEX RESPONDENT(S): ------------------------- THE TRAVANCORE CEMENTS LTD, NATTAKOM, KOTTAYAM REPRESENTED BY ITS MANAGING DIRECTOR, TRAVANCORE CEMENTS LTD, KOTTAYAM. BY ADV.SRI.P.K.VIJAYAMOHANAN, SC FOR TRAVANCORE CEMENTS LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.20856 of 2009 -------------------------------------- Dated 24th July, 2009 JUDGMENT The petitioner, who was the former Joint Chief Manager of Travancore Cements Limited has filed this writ petition challenging Ext.P1 enquiry report. He has also sought a writ in the nature of mandamus commanding the Travancore Cements Limited to furnish him copies of documents relied on in Ext.P1 report and the deposition of the witness examined as MW1. Sri.P.K.Vijaya Mohanan, learned standing counsel appearing for the Travancore Cements Limited submits that by order passed on 13.7.2009 the Managing Director of the Travancore Cements Limited has dismissed the petitioner from service with effect from the afternoon of 28.102004, the date from which the petitioner was unauthorisedly absent. A copy of the order dated 13.7.2009 was also handed over to me. The said order states that an appeal lies to the Board of Directors if filed within 30 days as provided under Clause 14 of the Conduct, Discipline and Appeal Rules applicable to managerial employees of Travancore Cements Limited. 2. In the light of the fact that based on the enquiry report which is challenged in this writ petition, an order has been issued on 13.7.2009 dismissing the petitioner from service and an appeal lies WP(C).No.20856/2009 2 from the said order to the Board of Directors, I am of the opinion that prayer Nos.1 and 2 cannot be granted. If the petitioner is aggrieved by the order passed by the Managing Director dismissing him from service, his remedy is to file an appeal before the Board of Directors and in such appeal he can also question the validity of Ext.P1 enquiry report and the correctness of the findings therein. The learned counsel for the petitioner, however submits that the remedy by way of appeal would be rendered illusory and meaningless if a copy of the deposition of the witness examined as MW1 and the documents relied on by the Enquiry Officer in Ext.P1 report are not furnished to the petitioner. The learned standing counsel appearing for the Travancore Cements Limited submits that the petitioner who did not participate in the enquiry, is not entitled to get copies of any of the documents requested for by him. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Since a major punishment of dismissal from service has been imposed on the petitioner and as he has a right of appeal under the rules to the Board of Directors, I am of the opinion that the records sought for by the petitioner should be furnished to him . Otherwise, the appellate remedy will be rendered illusory and meaningless. WP(C).No.20856/2009 3 I accordingly dispose of this writ petition with a direction to the respondents to furnish to the petitioner copies of the documents referred to in Ext.P1 enquiry report and also a copy of the deposition of the witness examined as MW1. This shall be done within one week from today. I also direct that in the event of the petitioner filing an appeal as provided under the rules, the same shall be disposed of after affording the petitioner a reasonable opportunity of being heard, expeditiously and in any event within four months from the date on which an appeal is presented before the Board of Directors. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge TKS