IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 37338 of 2009(J) -------------------------- PETITIONER(S): --------------- S.LEELAMMAL, ASST. SALES WOMAN, MAVELI STORE, ARANMULA. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): --------------- 1. THE CHAIRMAN & MANAGING DIRECTOR, KERALA CIVIL SUPPLIES CORPORATION, GANDHI NAGAR, KOCHI. 2. ADDITIONAL GENERAL MANAGER (P & A), KERALA CIVIL SUPPLIES CORPORATION, GANDHI NAGAR, KOCHI. 3. THE REGIONAL MANAGER, KERALA CIVIL SUPPLIES CORPORATION, REGIONAL OFFICE, KOTTAYAM. 4. THE JUNIOR MANAGER, INTERNAL AUDIT WING (I.A.W. (FIELD), DISTRICT DEPOT, PATHANAMTHITTA. 5. DY. S.P.(VIGILANCE), PATHANAMTHITTA. ADV. SMT.LAKSHMI NARAYAN, STANDING COUNSEL, SUPPLYCO -R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 37338 OF 2009 -------------------------------------------- Dated this the 27th day of January, 2010 JUDGMENT The petitioner was an Assistant Sales Woman in a Maveli Store under the Kerala Civil Supplies Corporation. On 24.5.2007, she was issued with Ext.P1 show cause notice directing to deposit an amount of Rs.1,69,694.29 to the Corporation, viz., the loss detected in the auditing for the year 2006-07 and to explain the reasons for the lapses leading to the said loss. The petitioner submitted Ext.P2 reply to the show cause notice. When faced with the threat of suspension and further proceedings pursuant to Ext.P1, she moved this Court by filing W.P. No.18938 of 2007. The Writ Petition was closed recording the submission of the learned Standing Counsel that Ext.P2 would be considered while taking further action in the matter. Thereafter, the petitioner was issued with Ext.P4 memo of charges and she was given an opportunity of hearing on the allegations levelled against her as per Ext.P4. The petitioner offered Ext.P5 reply to Ext.P4 and thereafter filed Ext.P7 statement of defence dated 30.3.2008. W.P.(C) NO. 37338/2009 2 Subsequently, she was placed under suspension as per Ext.P8 order. The disciplinary proceedings initiated as per Ext.P4 culminated in the dismissal of the petitioner from service. Ext.P12 is the order of dismissal. The said order is under challenge in this Writ Petition. 2. On 23.12.2009, when the matter came up for admission, the petitioner was directed to find out whether there was any provision for appeal against Ext.P12. Now, the learned Standing Counsel for respondents 1 to 3 submits that Rule 23 of the Kerala Civil Supplies Helpers' Service Rules, 1976 provides for an appeal against dismissal from service. In short, Ext.P12 is appealable. When there is an alternative efficacious remedy under the Rules, the petitioner has to resort to the same at the first instance. Counsel further submits that invoking the said provision, the petitioner has already filed an appeal on 13.11.2009. In the circumstances, the Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on the appeal preferred by the petitioner on 13.11.2009 against Ext.P12 order of dismissal as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. The petitioner W.P.(C) NO. 37338/2009 3 will be free to file a representation supplementing the earlier one submitted by her. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 37338/2009 4 C.T. RAVIKUMAR, J. W.P.(C) NO. 37338/2009 JUDGMENT 27th January, 2010