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2025 DAILYLAW 5444 (KER)

RAJESH K JOSE v. THE THIRUVANANTHAPURAM REGIONAL MILK PRODUCERS UNION LTD. NO. T 177 (D) APCOS

WP(C)/12119/2025 · 2025-03-27

D K Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 12119 OF 2025 1 2025:KER:26326 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12119 OF 2025 PETITIONER/S: RAJESH K JOSE, AGED 53 YEARS, S/O. JOSE P JOSEPH, WORKING AS ASSISTANT MANAGER (PRODUCTION) THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS’ UNION LTD KOLLAM DAIRY, PALACE NAGAR, THEVALLY, KOLLAM, KERALA RESIDING AT PARADYIL HOUSE, SNRA – F/1F, MUKKOLOCKAL P.O., THIRUVANANTHAPURAM, PIN - 695043 BY ADVS. N.ANAND; RAJESH O.N. AMEER SALIM; ROY ANTONY RESPONDENT/S: 1 THE THIRUVANANTHAPURAM REGIONAL MILK PRODUCERS UNION LTD. NO. T 177 (D) APCOS, KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695004 2 THE MANAGER THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS’ UNION LTD KOLLAM DAIRY, PALACE NAGAR, THEVALLY, KOLLAM, KERALA, PIN - 691009 LATHA ANAND-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12119 OF 2025 2 2025:KER:26326 JUDGMENT The petitioner, who is working as Assistant Manager, at Kollam Dairy of the Thiruvananthapuram Regional Co-operative Milk Producers’ Union, is facing the disciplinary proceedings for which he has been issued the charge memo dated 20.01.2025. The following documents have been relied on in the charge memo: “(1) TC Bill No. 17 submitted by K Praveen Kumar dated 01/12/2022, (2) Audit Certificate Memorandum for the financial year 2022-2023 dated 06.03.2024. (3) Contract/Work Order No. TRU/PPM/5/2020-21/1908 dated 24.10.2020. (4) Letter No. PD/MGR/01/202425/1950 dated 14.08.2024 from Mr. Muhammad Ansari, Senior Manager (Dairy). (5) Notice of show cause No. QD/PD/DSC-2/Vol-XII/795 dated 15.10.2024. (6) Reply submitted by Mr. Rajesh K. Jose, Assistant Manager (Production) on 21/11/2024.” 2. Learned Counsel for the petitioner submits that the documents relied on in the charge memo have not been supplied to the WP(C) NO. 12119 OF 2025 3 2025:KER:26326 petitioner, and the petitioner has made a request to provide those documents besides some other documents which are not part of the charge memo. 3. The learned Counsel for the respondent submits that the photocopies of all the documents relied on in the charge memo shall be supplied to the petitioner within one week from today. He further submits that the other documents demanded by the petitioner will be supplied if the Enquiry Officer places reliance on those documents. At this stage, no other documents except the documents mentioned in the charge memo are being relied on. Therefore, the petitioner is not entitled to the documents which are not part of the charge memo. 4. I quite agree with the submissions made by the learned Counsel for the respondents. The present writ petition is disposed of with a direction to the respondents to supply all documents mentioned in the charge memo within one week from today. If the Enquiry Officer relies on some other documents during the course of the enquiry, those WP(C) NO. 12119 OF 2025 4 2025:KER:26326 documents should also be supplied to the petitioner for preparing his defence. The petitioner shall have ten days’ time after the documents are supplied to him as directed above for filing his response /reply to the charge memo. The writ petition stands disposed of. Sd/- D. K. SINGH JUDGE jjj WP(C) NO. 12119 OF 2025 5 2025:KER:26326 APPENDIX OF WP(C) 12119/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 24.10.2020 ISSUED BY RESPONDENT NO.1 Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15.10.2024 ISSUED BY RESPONDENT NO.2 IN QD/P.D./D.S.C-2/VOL XII/795 TO THE PETITIONER AND ITS ENGLISH TRANSLATION Exhibit P3 A TRUE COPY OF THE LETTER DATED 25.10.2024 WITHOUT ANNEXURES SUBMITTED BY THE PETITIONER TO RESPONDENT NO.2 AND ITS ENGLISH TRANSLATION Exhibit P4 A TRUE COPY OF THE LETTER DATED 06.11.2024 ISSUED BY PETITIONER TO RESPONDENT NO.2 AND ITS ENGLISH TRANSLATION Exhibit P5 A TRUE COPY OF THE LETTER DATED 16.11.2024 ISSUED BY RESPONDENT NO.2 IN NO, QD/PD/DSC2/VO-XII/795/861 TO THE PETITIONER AND ITS ENGLISH TRANSLATION Exhibit P6 A T RUE COPY OF THE REPLY DATED 21.11.2024 ISSUED BY THE PETITIONER TO RESPONDENT NO.2 WITHOUT ANNEXURES AND ITS ENGLISH TRANSLATION Exhibit P7 A TRUE COPY OF THE CHARGE MEMO DATED 20.01.2025 ISSUED BY RESPONDENT NO.2 IN NO. QD/PD/DSC-2/V-XIII/946 AND ITS ENGLISH TRANSLATION Exhibit P8 A TRUE COPY OF THE REQUEST DATED 27.01.2025 PREFERRED BY PETITIONER TO RESPONDENT NO. 2 AND ITS ENGLISH TRANSLATION Exhibit P9 A TRUE COPY OF THE COMMUNICATION DATED 11.03.2025 ISSUED BY RESPONDENT NO. 2 IN NO. Q.D/P.D/D.S.C2/VOL-XII/1046 AND ITS ENGLISH TRANSLATION