IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 OP.No. 10680 of 2000(U) ----------------------- PETITIONER(S): --------------- 1. KERALA FIRE SERVICE DRIVERS & MECHANICS ASSICIATION, REG. NO. 269/92 THIRUVANANTHAPURAM 1 REPRESENTED BY ITS GENERAL SECRETARY, S.A.RASHEED. 2. P. RAJIDAS, FIREMAN DRIVER-CUM-PUMP OPERATOR, FIREMAN STATION, KOZHIKODE - 32. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS (ADVICE C) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMANDANT GENERAL, FIRE FORCE DEPARTMENT THIRUVANANTHAPURAM. ADDL. 3 - KERALA FIRE SERVICE OFFICERS ASSOCIATION THIRUVANANTHAPURAM - 1 REPRESENTED BY ITS GENERAL SECRETARY. ADDL.4 - KERALA FIRE SERVICE ASSOCIATION, THIRUVANANTHAPURAM. ADDL RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER ORDER DATED 6.4.2000 IN CMP NO. 18729 OF 2000 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI ADV. MR.S.P.ARAVINDAKSHAN PILLAY FOR R4 MR.S.P.ARAVINDAKSHAN PILLAY FOR R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 10680 of 2000(U) APPENDIX PETITIONERS'EXHIBITS: EXT.P1 - TRUE COPY OF ORDER NO. G.() 37/92/P&ARD DATED 16.9.1992 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER. EXT.P2 - TRUE COPY OF SHOW-CAUSE NOTICE NO. 48914/F2/98/HOME DATED 27.7.2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ASSOCIATION. EXT.P3 - TRUE COPY OF REPLY SUBMITTED BY THE 1ST PETITIONER ASSOCIATION TO THE 1ST RESPONDENT ON 21.8.1999. EXT.P4 - TRUE COPY OF LETTER NO. 48914/F2/98/ HOME DATED 8.10.99 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER ASSOCIATION. EXT.P5 - TRUE COPY OF REPLY SUBMITTED BY THE 1ST PETITIONER ASSOCIATION BEFORE THE 1ST RESPONDENT ON 29.10.1999. EXT.P6 - TRUE COPY OF ORDER, G.O. (MS) NO.7/2000/P&ARD DATED 10.3.2000 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER ASSOCIATION. EXT.P7 - TRUE COPY OF COVERING LETTER NO. A2-7926/99 DATED 29.3.2000 OF THE 2ND RESPONDENT ADDRESSED TO THE 1ST PETITIONER. EXT.P8 - PHOTOCOPY OF CIRCULAR NO.6/2000 VIDE NO. A2-7926/99 DATED 23.3.2000 BY THE 2ND RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ................................................ O.P. No. 10680 of 2000 ................................................. Dated this the 1st day of December, 2009 J U D G M E N T The petitioner is a union of employees of the Fire Force Department of the Government of Kerala. The petitioner association is named Kerala Fire Service Drivers & Mechanics Association. They were recognised as an association of employees of the Fire Force Department by Ext.P1 order of the Government. By Ext.P2, the petitioner was directed to show cause why the provisional decision to cancel the recognition given to the petitioner association should not be confirmed. For the reasons mentioned therein, the petitioner objected to the same by filing Ext.P3 reply, in which they specifically requested for five documents including the report of the Commandant General, who recommended action for cancellation of recognition because of severe rivalry between the members of the Fire Service association and the petitioner association which according to the Commandant affects the smooth functioning of the department. The petitioner submitted a detailed objection Ext.P5 also. But without furnishing copies of the documents, O.P. No. 10680 of 2000 -2- Ext.P6 order has been passed cancelling the recognition given to the petitioner association. Pursuant to Ext.P6, Ext.P8 circular was issued prohibiting the petitioner from using flags, boards etc of the association in the Fire Station or its premises. The petitioner is challenging Exts.P6 and P8 in this original petition. One of the grounds urged by the petitioner for challenging the impugned orders is non compliance with principles of natural justice. What is projected before me is non-supply of documents relied upon in Ext.P6, which were not furnished to the petitioner despite Ext.P3 request. 2. The respondents seek to sustain the impugned orders by filing a counter affidavit. 3. I have considered the rival contentions in detail. 4. From Ext.P6, I find that the Government has relied upon a report of the Commandant General which allegedly stated that there is severe rivalry between members of the Fire Service association and the petitioner association and that it has badly affected the smooth functioning of the department. The Commandant General had also suggested that the number of associations in the Fire Force Department be limited to one for the welfare of the non-officer category. From Ext.P3, I find that the O.P. No. 10680 of 2000 -3- petitioner had specifically requested for a copy of that report. The counter affidavit does not state that copy of that report was furnished to the petitioner. When that report is specifically relied upon in Ext.P6, I am of opinion that non-furnishing of copy of that report to the petitioner amounts to violation of principles of natural justice. For that reason alone Exts.P6 and P8 are quashed. It would be open to the Government to take fresh steps in accordance with law after complying with the principles of natural justice, if at this point of time the Government still wishes to continue the proceedings. The original petition is disposed of as above. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge