IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 29661 of 2007(F) -------------------------------------------- PETITIONER: --------------------- K.VIJAYALAKSHMY (FORMERLY JUNIOR MANAGER, QUALITY CONTROL, KERALA STATE CIVIL SUPPLIES CORPORATION), RESIDING AT PAVITHRA, VALIYAKUNNU, ATTINGAL. BY ADV.SRI.KRB.KAIMAL (SR.) SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. BOARD OF DIRECTORS OF THE KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR, MAVELI ROAD, GANDHI NAGAR, KOCHI-20. GOVERNMENT PLEADER SRI. P.NANDAKUMAR FOR R1 ADV. SRI.R.LAKSHMI NARAYAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29661/2007 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SHOW CAUSE NOTICE NO.E16/26306/04 DD. 13/08/2005 ISSUED BY THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, KOCHI -20 TO THE PETITIONER. EXT.P2: COPY OF THE REPLY DTD. 5/09/2005 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, KOCHI – 20. EXT.P3: COPY OF THE ORDER NO.D.25-26306/2004 DTD. 14/10/2005 ISSUED BY THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, KOCHI – 20. EXT.P4: COPY OF THE LETTER DTD. 11/11/2005 OF THE PETITIONER TO THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, KOCHI – 20. EXT.P5: COPY OF THE APPEAL DTD. 11/11/2005 SUBMITTED BY THE PETITIONER TO THE BOARD OF DIRECTORS, KERALA STATE CIVIL SUPPLIES CORPORATION. EXT.P6: COPY OF THE ORDER NO.D25-26306/05 OF THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, KOCHI – 20. EXT.P7: COPY OF THE REPRESENTATION DTD. 6/02/2006 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P8: COPY OF THE LETTER NO.11498/C3/2005/FCS & CAD DTD. 8/05/2006 OF THE 1ST RESPONDENT TO THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, KOCHI – 20. EXT.P9: COPY OF THE LETTER NO.1488/C3/2006/FCS & CAD DTD. 4/01/2007 OF THE 1ST RESPONDENT TO THE PETITIONER. EXT.P10: COPY OF THE REPRESENTATION DTD. 29/03/2007 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29661 of 2007 ------------------------------- Dated this the 14th October, 2008. J U D G M E N T Heard Sri.K.R.B.Kaimal, the learned senior counsel appearing for the petitioner, Sri.P.Nandakumar, the learned Government Pleader appearing for the first respondent and Sri.R.Lakshmi Narayanan, the learned standing counsel appearing for the second respondent. 2. The petitioner is an employee of Kerala State Civil Supplies Corporation. By Ext.P3 order passed on 14.10.2005, the Chairman & Managing Director of the said Corporation, the disciplinary authority, imposed on the petitioner, the punishment of dismissal from service. The petitioner carried the matter in appeal before the Board of Directors of the Corporation, as provided under Rule 70 of the Kerala State Civil Supplies Corporation Service Rules, 1974. By Ext.P6 order passed on 24.12.2005, the said appeal was rejected. The petitioner has, in this writ petition, challenged Exts.P3 and P6 W.P.(C) No.29661 of 2007 2 orders and prayed for a re-consideration of Ext.P5 appeal by the Board of Directors of the Kerala State Civil Supplies Corporation, excluding the Chairman & Managing Director who passed Ext.P3 order. 3. The petitioner contends, relying on Rule 71 of Kerala State Civil Supplies Corporation Service Rules that the disciplinary authority cannot be a member of Board of Directors while deciding the appeal and that in violation of the said rule, the Chairman & Managing Director who passed Ext.P3 order, presided over the meeting of the Board which considered the petitioner's appeal, participated in the proceedings and also issued Ext.P6 order, though in the name of the Board. The petitioner submits that Ext.P6 order is therefore liable to be set aside on that short ground. The petitioner has specifically averred in ground-D of the writ petition that as per Rule 71 of the Kerala State Civil Supplies Corporation Service Rules, the Chairman & Managing Director who issued Ext.P3 order dismissing the petitioner from service was not entitled to W.P.(C) No.29661 of 2007 3 participate in the proceedings of the Board in which Ext.P5 appeal was considered. The said averment is not disputed by the second respondent in its counter affidavit. 4. In the light of the specific provision in Rule 71 of Kerala State Civil Supplies Corporation Service Rules and also the fact that the respondents have not denied the participation of the Chairman & Managing Director who issued Ext.P3 order, in the proceedings of the Board which lead to Ext.P6 order, I am of the opinion that Ext.P6 order passed by the Board in appeal, is liable to be set aside and the second respondent directed to re-consider the appeal on the merits. However, the learned senior counsel appearing for the petitioner submits that the Chairman & Managing Director presently in office is not the Chairman & Managing Director who issued Ext.P3 order, and therefore, the prohibition in Rule 71 may not affect the appeal, if the appeal were to be heard afresh by the Board of Directors of the Corporation. W.P.(C) No.29661 of 2007 4 In these circumstances, I quash Ext.P6 order and direct the Board of Directors of Kerala State Civil Supplies Corporation Service Rules to reconsider Ext.P5 appeal on the merits and pass orders thereon, after affording the petitioner a reasonable opportunity of being heard in person. Revised orders on Ext.P5 appeal shall be passed within three months from today. The petitioner's contentions on the merits are left open. P.N.RAVINDRAN, JUDGE nj.