IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 2805 of 2008(H) ------------------------- PETITIONER: ------------ CLEMENT THOMAS, BRANCH IN-CHARGE, RUBBER MARK, MANALUMKAL P.O., POOVATHILAPPE (VIA) ANIKADU, KOTTAYAM DISTRICT, PIN-686503. BY ADV. SRI.FRANCIS JOSEPH KURISINKAL SRI.REJI JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE MINISTRY OF CO-OPERATIVE DEPARTMENT, SECRETARIATE,TRIVANDRUM. 2. KERALA STATE RUBBER MARKETING FEDERATION REP. BY MANAGING DIRECTOR, RUBBER MARKETING FEDERATION LTD., P.B.NO.15, GANDHI NAGAR, COCHIN-682020. 3. THE PRESIDENT, RUBBER MARKETING FEDERATION LTD., P.B.NO.15, GANDHI NAGAR, COCHIN-682 020. FOR R1 SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM FOR R2 ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNKATH SRI.R.JAYACHANDRAN SMT.SMITHA GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 2805 of 2008-H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 5th day of February, 2008 J U D G M E N T Heard. 2. The petitioner is an employee of the second respondent Kerala State Rubber Marketing Federation. He challenges the proposal to affect certain recoveries from him. The second respondent alleges that the petitioner had caused certain losses owing to lack of proper supervision and disobeyance of directions of the superiors with regard to movement of goods belonging to the second respondent. Though the terms of the impugned Ext.P6 appears to be peremptory, it is appropriate that the same is treated as a notice to show cause and he can place his objections to that before the competent authority. Following that, he will be given an adequate opportunity of being heard, particularly, when he has a contention that following the registration of the criminal case, certain recoveries have been effected from the accused persons. W.P.(C).No.2805/2008-H -: 2 :- Under such circumstances, it is directed that Ext.P6 shall be treated as show cause notice and the petitioner will be at liberty to place his objections and explanations to that action before the competent authority, within a period of four weeks from now, and the second respondent will afford him sufficient opportunity of being heard before a final decision is taken. Ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, Judge ms