IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19848 of 2008(K) -------------------------- PETITIONER: ------------ K. UNNIKRISHNAN PILLAI, CHALAYIL, PATHIRAPPILLY P.O.,ALAPPUZHA (GODOWN IN CHARGE OF WAREHOUSE, ALAPPUZHA NOW UNDER SUSPENSION) BY ADV. SRI.ANIL SIVARAMAN SRI.HARIKRISHNAN RAVINDRAN RESPONDENTS: ------------- 1. KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD., P.B.NO.2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD., P.B.NO.2263,SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF EXCISE CHERTHALA. BY ADV. SRI. P.J. ELVIN PETER, SC SMT. M.R. SREELATHA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19848 of 2008 -------------------------- Dated this the 2nd July, 2008 J U D G M E N T Petitioner, who is a Godown in charge of the Wholesale Godown maintained by the Kerala State Beverages Corporation, at Alappuzha, is aggrieved by Exhibit P5 order of suspension issued by the Managing Director. Mr. P.Ravindran, learned senior counsel for the petitioner refers to the events which ultimately led to Exhibit P5 and in my view the matter requires mention. Apparently 600 cases of Indian made Foreign Liquor was requisitioned by FL No. 55 at Cherthala, a Foreign Liquor Retail Outlet run by the Beverages Corporation and the lifting details register from 6.7.2007 maintained at the Wholesale godown reveals that 600 cases was sent from the Godown to FL 55. 2. Mr. Raveendran makes a reference to Exhibit P2 which is a copy of the register for the number of cases loaded from the godown to FL 55 and the same under the W.P ( C) No.19848 of 2008 2 entry for 25.2.2008 also shows that 600 cases being shifted for Shop No.FL 55. Exhibit P3 is the copy of the Excise Verification Certificate issued by the Circle Inspector of Excise in Cherthala and it certifies that a consignment of 600 cases of Indian Made Foreign Liquor was received at Cherthala as per permit No 133811 dated 25.2.2008. What happened thereafter according to the learned counsel for the petitioner was a complaint resultant upon an institution by the Head Office Audit and going by Exhibit P5 it seems that 5 cases of 500 ml of brandy which formed part of the consignment of 600 cases of liquor consigned to FL55 was short delivered at the retail out let. Apparently these 5 cases were later found to be detained in the godown itself with label containing No.55 indicating that these were made to be consigned to FL 55. On this premise, presumption has been drawn that the Godown in charge of Whole Godown at Alappuzha deliberately detained 5 cases of Indian made Foreign Liquor out of 600 cases which were consigned to FL 55. On this basis, an order of suspension has been issued. W.P ( C) No.19848 of 2008 3 3. Mr. Ravindran, learned senior counsel for the petitioner submits that Exhibits P1, P2 and P3 are contemporaneous documents maintained in the normal course of business and it evidences 600 cases liquor set apart for consignment to FL 55 and on the same day on 25.2.2008, it was loaded through the vehicle and more importantly the entire consignment of 600 cases were delivered at the retail outlet FL 55. Delivery of the total consignment is certified by the Circle Inspector of Excise , as per Exhibit P3. Once this is done, there cannot be any allegation of shortage or deficit either at the stage of loading on to the vehicle or actual delivery of the same at site. Deficit, if any, should have occurred only subsequent thereto and this is beyond the control of the Godown in charge, it is submitted. 4. I find force in the submission. This matter merits attention by the Managing Director. Sri. Elvin Peter, learned standing counsel for Kerala State Beverages Corporation submits that the request made by the petitioner for revocation of suspension as Exhibit P6 will be W.P ( C) No.19848 of 2008 4 considered in the light of the facts as detailed above. In the result, the writ petition is disposed of directing the 2nd respondent to consider Exhibit P6 as an application for revocation of suspension with specific reference to aspects highlighted above and in the light of Exhibits P1, P2 and P3 and take a decision thereon within a period of three weeks from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No.19848 of 2008 5 W.P ( C) No.19848 of 2008 6