IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 23717 of 2007(W) --------------------------------------- PETITIONER: ------------------- P.PADMINI, AGED 51 YEARS, W/O T.GANGADHARAN, THEKKETTIL HOUSE, P.O.MEENADATHUR, TANALUR -676307. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, ADV.MR. R.JAYACHANDRAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUPERINTENDENT OF POST OFFICES, TIRUR DIVISION, TIRUR 676104. 3. THE SUB POST MASTER, NIRAMARUTHUR, MALAPPURAM DISTRICT. R1 BY GOVERNMENT PLEADER MR. TEK CHAND, R2 & R3 BY MR. P. PARAMESWARAN NAIR, ASST. S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23717/2007-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 31/07/2006 ISSUED BY R.1. EXT.P.2: COPY OF THE ORDER DTD. 15/04/2006 ISSUED BY R.1. EXT.P.3: COPY OF THE ORDER DTD. 09/07/2007 ISSUED BY R.2. EXT.P.4: COPY OF THE LETTER DTD. 30/07/2007 RECEIVED BY THE PETITIONER FROM K. VIMALA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 23717 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th June, 2009. J U D G M E N T While the petitioner was functioning as a collection agent attached to the Niramaruthur Post Office, the petitioner was placed under suspension. Later on, the suspension was revoked by Ext. P2 order dated 15-4-2006. However, later on Ext. P3 order was passed as follows: “During the Departmental investigation conducted in connection with the series of RD frauds at Niramaruthur, it has been revealed that you have committed grave irregularities including forgery of signature of depositor, as already admitted by you, in collusion with Sri. R. Ashok Kumar, the then SPM, Niramaruthur, who has committed frauds amounting to Rs. 21 lakh. The case has been taken up with appropriate authorities and it has been decided not to accept any transaction from you in the capacity as MPKBY Agent till finalization of the case by the competent authority. Therefore, it is informed that your request cannot be acceded to. The Sub Postmaster, Niramaruthur has been informed of the decision.” In that order, a restriction was put on the petitioner, whereby it was decided not to accept any transaction of the petitioner in the capacity as collection agent till finalisation of the case pending against the petitioner before the competent authority. This the petitioner submits is uncalled for and unsustainable and in fact amounts to suspension itself. The petitioner therefore seeks the following reliefs: “(i) To call for the records leading up to Ext. P3 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction. (ii) To issue a writ of mandamus commanding respondents 1 and 2 to permit the petitioner to function fully and effectively as collecting agent and to accept monies received from customers as collecting agent, irrespective of the issuance of Ext. P 3 order.” W.P.C. No. 23717/07. -: 2 :- 2. A counter affidavit has been filed, the relevant portion of which reads thus: (3) It is submitted that the petitioner was functioning as collection agent attached to Niramaruthur Sub Post Office. One Mr. Ashok Kumar was the Postmaster at Niramaruthur during the year 2006. As per letter dated 10.07.06 of the 2nd respondent, it was reported that Mr. Ashok Kumar was found to be misappropriating huge amounts from the collection remitted by RD Agents. Certain Agents were also involved in the fraud. It was also stated that the case is under investigation by the Central Bureau of Investigation. In view of the above facts, the petitioner was placed under suspension as per Ext. P1 order. As per order dated 22.07.06 of the 1st respondent two agents viz. smt. V. Sankunthala and V. Meenakshikutty were also suspended. (4) It is submitted that the 2nd respondent submitted detailed enquiry report on 8.12.06. In the report no allegation was made against the petitioner. Hence, as per Ext. P3, the petitioner's suspension was withdrawn and her agency was restored. (5) It is submitted that no complaint has been received so far against the petitioner from any depositors. The petitioner has submitted a petition stating that she was not involved in the misappropriation committed by the then Postmaster Sri. Ashok Kumar. On the basis of the outcome of the enquiry, her agency was restored. The Central Bureau of Investigation has completed the investigation and has submitted detailed report. In the report no allegation is made against the petitioner. Three agents viz. Smt. V. Meenakshikutty, Smt. V. Sakunthala and Smt. Indiradevi alone were made as accused and sanction has been accorded to prosecute the said three accused. It is submitted that there was no material available warranting action against the petitioner.” In view of the said averments in the counter affidavit, no further proceedings can be taken against the petitioner pursuant to Ext. P3 also. Accordingly, Ext. P3 is quashed. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/