IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 13326 of 2007(S) ----------------------------------------- PETITIONER(S): -------------------------- R.PONNAPPAN FORMER DIRECTOR OF KERALA STATE WARE HOUSING CORPORATION, COCHIN-16, VELLEKKATTU, KADAKKARAPPALLY P.O., SHERTHALA. BY ADV. SRI.A.N.RAJAN BABU SMT.K.SUNITHA VINOD SRI.P.GOPALAKRISHNAN (MVA) RESPONDENT(S): ----------------------------- 1. KERALA STATE WARE HOUSING CORPORATION, ERNAKULAM REPRESENTED BY ITS MANAGING DIRECTOR, ERNAKULAM SOUTH, KOCHI-682 016. 2. THE EXECUTIVE COMMITTEE OF BOARD OF DIRECTORS, KERALA STATE WARE HOUSING CORPORATION, COCHIN-16, REPRESENTED BY MANAGING DIRECTOR. 3. LT.COL.(RETD) K.G.RAMACHANDRAN, MANAGING DIRECTOR, KERALA STATE WARE HOUSING CORPORATION, KOCHI-682 016. 4. A.RAJENDRA PANIKER, EXECUTIVE ENGINEER, KERALA STATE WARE HOUSING CORPORATION, KOCHI-682 016. ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. FOR R1,2,3 SRI.P.GOPINATH MENON FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13326/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF KERALA STATE WARE HOUSING CORPORATION REGULATION 1963 WITH THE PREVIOUS SANCTION OF THE GOVERNMENT OF KERALA. EXT.P2: COPY OF THE CONDUCT RULES OF THE CORPORATION. EXT.P3: COPY OF MINUTES OF THE 178TH EXECUTIVE COMMITTEE OF THE KERALA STATE WAREHOUSING CORPORATION HELD ON 13/11/06. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss WPC.NO.13326/2007 J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.P.(C) No.13326 of 2007 S ---------------------------------------- Dated this the 22nd day of January, 2009 Judgment Koshy, Ag.C.J. Petitioner is the former Director of the Board of Directors of the first respondent Corporation. First respondent Corporation has taken disciplinary action against the fourth respondent, but, later, on his representation, the disciplinary action was cancelled and this petition is filed to declare that the resolution of the Board of Directors cancelling the disciplinary action against the fourth respondent as invalid. We are of the opinion that merely because he was a former Director of the Board of Directors, he cannot question the action taken in disciplinary matters against the employees. It is true that first respondent is a wholly owned company of the State. There are various provisions in the Kerala State Warehousing Corporation Regulations, 1963 defining the service conditions. We are of the view that the disciplinary action taken or cancellation of the same by the Board of Directors cannot be questioned in a public interest litigation. If there are any defects in the action taken by the Board of Directors, petitioner can W.P.(C) No.13326/2007 2 represent to the Government so that if appropriate action is necessary, they can initiate action against the Board of Directors, but, this writ petition is not maintainable. The writ petition is dismissed. J.B.Koshy Acting Chief Justice V. Giri Judge vaa