1 WP(C) NO.36658 OF 2023 2025:KER:30149 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO.36658 OF 2023 PETITIONER: NITHIN K., AGED 32 YEARS, S/O K.N SHAJI, JUNIOR ASSISTANT, SUPPLYCO, ZAITH HOUSE, PANICKER ROAD, NADAKKAVU POST, KOZHIKODE, PIN – 673011. BY ADV V.VINAY RESPONDENTS: 1 STATE OF KERALA, REP, BY ITS SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, ROOM NO. 379A, 1ST FLOOR, MAIN BLOCK SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 SUPPLYCO, REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM, PIN – 682020. 3 CHAIRMAN & MANAGING DIRECTOR, SUPPLYCO, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM, PIN – 682020. 4 ADDITIONAL GENERAL MANAGER (P&A), SUPPLYCO, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM, PIN - 682020 BY ADV SANTHOSH PETER (MAMALAYIL) OTHER PRESENT: SRI.E.G.GORDEN, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C) NO.36658 OF 2023 2025:KER:30149 JUDGMENT Petitioner, who was working as Junior Assistant with the 2nd respondent herein, was placed under suspension on the basis of certain allegations as regards some entries made on the “Price Display Board” in an outlet of the 2nd respondent, wherein the petitioner was the Officer-in-charge. The petitioner was before this Court in an earlier round of litigation and by Ext.P10 judgment dated 23.08.2023, this Court had directed the Chairman and Managing Director of the 2nd respondent-employer to consider the representation filed by the petitioner and to dispose of the same in tune with the directions contained thereunder. The order issued thereafter at Ext.P13, as per which a “warning” was issued against the petitioner and thereby closing the enquiry proceedings and directing the reinstatement of the petitioner, is sought to be challenged in this writ petition. The petitioner has also pointed out that on the basis of Ext.P14 proceedings dated 01.11.2023, the petitioner was posted in a different 3 WP(C) NO.36658 OF 2023 2025:KER:30149 office, and he has sought for a stay as regards the transfer, as above. 2. While admitting the writ petition on 06.11.2023, this Court has refused to stay the operation of Ext.P14 posting order. 3. Heard Sri.V.Vinay, learned counsel for the petitioner, Sri.Santhosh Peter for respondents 2 to 4 and Sri.E.G.Gorden, learned Senior Government Pleader, for the 1st respondent. 4. This Court notices that, while rendering Ext.P10 judgment, a learned Single Judge of this Court has extensively considered the rival contentions and has directed a reconsideration after finding the requirement to take up Ext.P6 representation and to consider the same dispassionately. The directions contained in Ext.P10 judgment, to the extent relevant herein, are as under: “7. That said, Ext. P3 objection of the petitioner specifically explains what happened on the date on which the "Price 4 WP(C) NO.36658 OF 2023 2025:KER:30149 Display Board" was found as alleged in the store in question. According to him, wherever the stock was available to be sold and fit for human consumption, he had recorded so; but that with respect to the articles he had recorded otherwise, the stock available was either fumigated - which could be put to sale only a few days later, or where the same was pest or fungus infected, thus incapable of human consumption. 8. The petitioner, in substantiation, has produced Ext.P7, which is the report of the quality control department of the "SUPPLYCO", and he points out that at least four articles have been shown therein to be unsafe for human consumption and to be kept aside. He alleges that, however, merely because there was some media attention drawn to the "Price Display Board" in question, the "SUPPLYCO" has acted to a knee-jerk reaction, to render him a scapegoat. The petitioner also contends that there was absolutely no reason for him to have been placed under suspension, because even cursory enquiry would have established that he had committed no wrong, but had, in fact, acted bona fide in public interest, by recording the correct information in the "Price Display Board". 9. As I have already said above, since the controversy between the parties is in the factual realm, it would not be possible for this Court to answer it affirmatively. However, it is also equally important that the petitioner, if he has acted bona fide, should not be victimised or put to detriment for no fault that can be attributed. 5 WP(C) NO.36658 OF 2023 2025:KER:30149 10. It is, therefore, now imperatively necessary that the competent Authority of the SUPPLYCO take up Ext.P6 representation and consider the same dispassionately, after affording him an opportunity of being heard; thus to decide whether he requires to be continued under suspension, particularly when he contends that his continuance would cause no prejudice to any enquiry that may be conducted based on the imputations in Ext.P2 show cause notice.” 5. However, a perusal of Ext.P13 order shows that the directions contained in Ext.P10 have not been carried out while issuing the order. In such circumstances, I am of the opinion that Ext.P13 requires to be set aside. Insofar as Ext.P14 is a consequential order, I am of the opinion that the proceedings at Ext.P14 also requires to be reconsidered at the instance of the 2nd respondent. Resultantly, this writ petition would stand allowed, setting aside Exts.P13 and P14 and directing a fresh consideration at the hands of the Chairman and Managing Director of the 2nd respondent herein within a period of three weeks from today. The question as regards the requirement 6 WP(C) NO.36658 OF 2023 2025:KER:30149 to pass an order in the nature of the one at Ext.P14 is to be considered after the finalisation of the proceedings, as above. Needless to say, the petitioner is also to be heard while passing the order, as above. Sd/- HARISANKAR V. MENON JUDGE Skk//08.04.2025 7 WP(C) NO.36658 OF 2023 2025:KER:30149 APPENDIX OF WP(C) NO.36658 OF 2023 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE NEWS REPORT DATED 04.08.2023 APPEARED IN KERALA KAUMUDI NEWSPAPER EXHIBIT P2 THE TRUE COPY OF THE SHOWCAUSE NOTICE NO.D16- 24141/23 DATED 05.08.2023 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPLY DATED 07.08.2023 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.D-16-24141/23 DATED 08.08.2023 OF THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO.B-05/2023 DATED 09.08.2023 OF THE DEPOT MANAGER, KOZHIKODE EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 11.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P7 THE TRUE COPY OF THE REPORT DATED 09.08.2023 SUBMITTED BY THE QUALITY CONTROLLER/ANALYST OF MAVELI STORE, PALAYAM EXHIBIT P8 THE TRUE COPY OF THE STATEMENT DATED 21.08.2023 FILED BY THE CORPORATION IN W.P NO.27014/2023 EXHIBIT P9 THE TRUE COPY OF THE REPLY AFFIDAVIT DATED 23.08.2023 IN W.P NO.27014/2023 EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT DATED 23.08.2023 IN W.P NO.27014/2023 EXHIBIT P11 THE TRUE COPY OF THE COMMUNICATION DATED 04.07.2023 OF THE MANAGER (MARKETING) EXHIBIT P12 TRUE COPY OF THE NOTICE NO.D-1089/23 DATED 04.09.2023 OF DEPOT MANAGER AFFIXED ON THE RENTED HOUSE OF THE PETITIONER 8 WP(C) NO.36658 OF 2023 2025:KER:30149 EXHIBIT P13 TRUE COPY OF THE ORDER DATED 31.10.2023 OF THE 3RD RESPONDENT RECEIVED THROUGH WHATSAPP EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS NO.B-05/2023 DATED 01.11.2023 OF THE DEPOT MANAGER, KOZHIKODE EXHIBIT P15 THE TRUE COPY OF THE RTI APPLICATION DATED 25.03.2024 SUBMITTED BY THE PETITIONER EXHIBIT P16 THE TRUE COPY OF THE RTI REPLY DATED 30.04.2024 RECEIVED BY THE PETITIONER EXHIBIT P17 THE TRUE COPY OF THE RTI APPLICATION DATED 03.06.2024 SUBMITTED BY THE PETITIONER EXHIBIT P18 THE TRUE COPY OF THE RTI REPLY DATED 06.06.2024 ALONG WITH THE DOCUMENT RECEIVED BY THE PETITIONER EXHIBIT P19 THE TRUE COPY OF THE RTI APPLICATION DATED 24.08.2023 FILED BY MR.VAISAKH K.M EXHIBIT P20 THE REPLY FURNISHED BY THE CORPORATION TO MR. VAISAKH K.M DATED 14.09.2023 EXHIBIT P21 THE TRUE COPY OF THE PROCEEDINGS NO.KSCSC/3071/2023-QA2 DATED 16.03.2024 OF MANAGER QA EXHIBIT P22 THE TRUE COPY OF THE CIRCULAR NO.29/2018 DATED 20.12.2018 ISSUED BY THE CORPORATION EXHIBIT P23 THE TRUE COPY OF THE PROCEEDINGS NO.D16 (D23- OLD)- 26558/19 DATED 16.11.2021 OF THE AGM RESPONDENTS’ EXHIBITS: EXHIBIT R2(A) PROCEEDINGS NO. D6-2596/21 DATED JUNE 10, 2021 OF THE CHAIRMAN AND MANAGING DIRECTOR EXHIBIT R2(B) PROCEEDINGS NO. B-02/2020 DATED JUNE 11, 2021 OF THE REGIONAL MANAGER KOZHIKODE