High Court of KeralaSingle JudgePetition disposed of

K. Animon v. State of Kerala and Others

Case / Petition Number:WP(C) No. 30182 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • RAJA VIJAYARAGHAVAN V
Judgment Date
2023-10-12
Court Decision / Holding
Exhibits P5 and P16 are quashed. The competent authorities shall reinstate the petitioner in service, subject to the Director Board’s decision and ensuring that the petitioner is not entrusted with financial matters. If eligible, subsistence arrears shall be paid within one month from today. The petition is disposed of.
Final Disposition
Petition disposed of

Parties to the Case

Appellants / Petitioners

  • K. Animon

Respondents

  • State of Kerala
  • Directorate of Fisheries, Vikas Bhavan, Thiruvananthapuram (Registrar of Fisheries, Matsyafed)
  • Managing Director, Kerala State Co-operative Federation for Fisheries Development Ltd. (MATSYAFED)
  • Chairman Director Board, Matsyafed
  • Superintendent of Police, Vigilance & Anti-Corruption Bureau, Kollam Unit

Legal Representation & Advocates

Counsels for Petitioners

  • • S. Shaji
  • • Rajesh R.

Counsels for Respondents

  • • Sri. T P Pradeep, Senior Counsel for Matsyafed

Case Synopsis & Summary

The petition challenges the suspension of K. Animon, a Junior Assistant at Matsyafed, and the subsequent extension of the suspension beyond one year. The petitioner states that suspension was ordered on 31 May 2022 and that, despite roughly seventeen months passing, disciplinary proceedings had not begun or concluded, and the memo of charges had not been furnished. He contends that Rule 188(6) of the Kerala Co-operative Societies Rules requires prior sanction to continue suspension beyond one year, and relies on Krishnakumar K.R. v. Brahmamangalam Gramaswaraj Service Co-operative Bank Ltd. to argue that the sanction after the period breaches the rule. The petition seeks quashing of Exhibit P5 (suspension) and Exhibit P16 (extension), reinstatement without awaiting Vigilance clearance, and a halt to further proceedings until Vigilance is completed; it also asks for reinstatement in service subject to the Director Board’s decisions and without financial assignments. The respondents counter that the petitioner and a temporary employee defrauded Rs.95 lakhs and a crime and Vigilance enquiry were registered; a suspension review committee recommended reinstatement only after Vigilance clearance and completion of departmental action, with the Registrar later extending the suspension per Rule 198(6). The High Court held that extending beyond one year is not sustainable, quashed P5 and P16, ordered reinstatement with safeguards, and directed arrears payment if applicable, disposing of the petition.

Provisions of Law Cited

Rule 188(6) of the Kerala Co-operative Societies RulesRule 198(6) of the Kerala Co-operative Societies Rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the suspension, imposed on 31 May 2022, has continued beyond a year without timely initiation or completion of disciplinary proceedings. He asserts a mandatory duty under Rule 188(6) to obtain prior sanction for continuing suspension beyond the period and relies on Krishnakumar K.R. to argue that sanction after the period is inconsistent with law. He seeks quashing of the suspension (Ext. P5) and its extension (Ext. P16), a direction to reinstate him in service without Vigilance clearance, and to drop further proceedings until Vigilance is completed; he also seeks arrears if due. He argues that continued suspension without charges and the lack of timely enquiry violate statutory norms and hamper livelihood.

Contentions of Respondents

The respondents defend the actions by presenting evidence of financial irregularities: the petitioner and a temporary employee allegedly defrauded Rs.95 lakhs, a crime (IPC sections 408, 409, 420) was registered, and a Vigilance inquiry was initiated. They state a Suspension Review Committee recommended reinstatement only after Vigilance clearance and final departmental action. The Registrar extended the suspension after the one-year mark in light of Rule 198(6) and Vigilance proceedings. They argue that reinstatement is conditional on clearance and that extending the suspension serves the interests of corroborating disciplinary and vigilance processes before finalizing action.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Krishnakumar K.R. v. Brahmamangalam Gramaswaraj Service Co-operative Bank Ltd. and others2022 (5) KLT 811PositiveCourt relied on the Krishnakumar K.R. decision to hold that sanction for extending suspension beyond one year must be obtained; extending beyond one year is not sustainable, guiding the present order.
W.P.(C.) No. 16950/2023Judgment dated 05.06.2023 in W.P.(C.) No.16950/2023Mentioned OnlyExhibit P14 cites this High Court judgment; it is referenced for consistency or persuasive value but is not the central ruling in the present decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 12[TH] DAY OF OCTOBER 2023 / 20TH ASWINA, 1945 WP(C) NO. 30182 OF 2023`** ## **`- PETITIONER:`** - **`1 K.ANIMON, AGED 47 YEARS`** ``` S/OKUTTAN,JUNIORASSISTANT(UNDERSUSPENSION), MATSYAF'ED,DISTRICTOFFICE,KOLLAM. NOWRESIDINGATKARICHALICHIRAYILVEEDU,ADHINADU SOUTH,KATTILKADUP.O,KARUNAGAPPALLY, KOLLAMDISTRICT,PIN-690542 ``` ``` BYADVS. S.SHAJI RAJESH.R ``` ## **`- RESPONDENTS:`** - **`1 STATE OF KERALA`** - **`REP. BY ITS SECRETARY, FISHERIES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 THE DIRECTOR DIRECTORATE OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM (REGISTRAR OF FISHERIES, KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD., (MATSYAFED), PIN - 695033`** - **`3 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD., (MATSYAFED), KAMALASWARAM, MANACAUD P.O, THIRUVANANTHAPURAM', PIN - 695009`** - **`4 THE CHAIRMAN DIRECTOR BOARD, KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD., (MATSYAFED), KAMALASWARAM, MANACAUD P.O, THIRUVANANTHAPURAM, PIN - 695009`** W.P.(C.) No.30182 of 2023 2 - **`5 THE SUPERINTENDENT OF POLICE VIGILANCE & ANTI CORRUPTION BUREAU, KOLLAM UNIT, KAANKATHU MUKKU, KOLLAM, PIN - 691013`** ## **`BY ADV SRI. T P PRADEEP, SC FOR MATSYAFED`** ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON 12.10.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` W.P.(C.) No.30182 of 2023 3 ## **JUDGMENT** The petitioner states that while functioning as a Junior Assistant in the Kerala State Co-operative Federation for Fisheries Development Ltd. (Matsyafed, for the sake of brevity), he was placed under suspension by an order dated 31.05.2022. He filed an application seeking reinstatement on the ground that enquiry proceedings were not concluded within the statutorily prescribed time. However, his request was rejected by the Exhibit P-16 order issued by the 4th respondent. Being aggrieved by Exhibit P-5 order of suspension and Exhibit P-16 order by which his request for reinstatement was rejected, the petitioner has approached this Court. 2. The petitioner asserts that though almost seventeen months have elapsed from the date on which the suspension order was passed, the disciplinary proceedings have not even been commenced or completed. Even the memo of charges has not been furnished. The petitioner asserts that in terms of Rule 188 (6) of the Kerala Co-operative Societies Rules, a Society can continue an employee under suspension for more than a year only with the prior sanction of the competent authority. In the case on hand, sanction was W.P.(C.) No.30182 of 2023 4 granted only after the period of one year from the date of suspension, which, according to the petitioner, is clearly in violation of the law as held by this Court in **Krishnakumar K.R. v. Brahmamangalam Gramaswaraj Service Co-operative Bank Ltd. and others[1]** . It is on these assertions that the writ petition was filed seeking for the following reliefs: “(i) issued a writ of Certiorari or any other appropriate writ, order or direction calling for the records leading to ExhibitP5 & P16 and to quash the same. (ii) issue a direction to the 3rd respondent to reinstate the petitioner in service without awaiting clearance from the 5th respondent as stated in Ext.P16. (iii) issue appropriate order or direction to the respondents to drop the further proceedings on Ext.P6 till completing the Vigilance proceedings against the petitioner and to reinstate the petitioner in service forthwith. (iv) issue appropriate order or direction to the 2nd respondent to issue specific order to reinstate the petitioner in service after revoking the suspension order.” > 1 [2022 (5) KLT 811] W.P.(C.) No.30182 of 2023 5 3. A counter affidavit has been filed by respondents 3 and 4. It is stated therein that the petitioner herein, along with one temporary employee, was found to have defalcated amounts to the tune of Rs.95 lakhs. As the petitioner was found responsible for the cash transactions, disciplinary action was initiated against him. A crime has also been registered as crime No.406/2022, Sakthikulangara Police Station, inter alia, for the offences under Sections 408, 409, and 420 of the IPC. It is stated that a Vigilance enquiry, as well as a Vigilance case, was registered against the petitioner on 23.03.2023, and it was in such circumstances that his request for reinstatement was declined. It is further submitted that a suspension review committee was constituted, and the committee has recommended reinstating the petitioner after obtaining clearance from the Vigilance Department and subject to the final decision of departmental enquiry. As the suspension period has exceeded six months, the Director Board, in the meeting held on 18.05.2023, has taken a decision to reinstate the petitioner after obtaining Vigilance clearance and also to extend the suspension period till such reinstatement. It is further stated, the Registrar of Fisheries has extended the period of suspension by order dated 23.08.2023 from the date on which the period of suspension W.P.(C.) No.30182 of 2023 6 completed one year in terms of Rule 198(6) of the Kerala Co-operative Societies Rules. 4. I have considered the submissions advanced and gone through the records. 5. The grievance of the petitioner concerns Ext.P5 order of suspension and Ext.P16 order by which the period of suspension was extended after the period of one year from the date of suspension. The issue is no longer integra. In **Krishnakumar K.R. (Supra)** , the learned Single Judge of this Court, relying on the past precedents, has concluded that such a course adopted by the Registrar would not be in tune with Rule 198(6) of the Kerala Co-operative Societies Rules. In the case on hand, the petitioner was suspended from the service on 31.05.2022, and the said period expired on 30.04.2023. The order extending the period retrospectively was issued on 23.08.2023, much beyond one year from the date of the order of suspension. In that view of the matter, the said order cannot be sustained under law. 6. Exhibit P5 and P16 will stand quashed. The competent among respondents shall order the reinstatement of the petitioner. The respondents may post the petitioner as decided by the Director Board. It would also be W.P.(C.) No.30182 of 2023 7 open to the respondents to ensure that he is not entrusted with financial matters. If the petitioner is entitled to any arrears of subsistence allowance, the same shall be disbursed within one month from today. The petition stands disposed of. Sd/- **RAJA VIJAYARAGHAVAN V, JUDGE** SKP W.P.(C.) No.30182 of 2023 8 ## **`APPENDIX OF WP(C) 30182/2023`** |`PETITIONER’S `|`EXHIBITS:`| |---|---| |`EXHIBIT P1`|`TRUECOPY OF THE ORDER`| ||`NO.MATSYAFED/E1/3899/2014 DATED 14.08.2014`| ||`ISSUED BY THE 3RD RESPONDENT`| |`EXHIBIT P2`|`TRUE COPY OF THE ORDER NO. MFED/KLM/ESTT/2017`| ||`DATED 06.10.2017 ISSUED BY THE DISTRICT`| ||`MANAGER`| |`EXHIBIT P3`|`TRUE COPY OFORDER NO. MATSYAFED/E3/3446/2011`| ||`DATED 14.06.2021 ISSUED BY THE 3RD RESPONDENT`| |`EXHIBIT P4`|`TRUE COPY OF THE OFFICE ORDER NO.`| ||`MFED/E1/282/2021 DATED 29.10.2021 IS ISSUED`| ||`BY THE 3RD RESPONDENT`| |`EXHIBIT P5`|`TRUE COPY OF ORDER NO. MATSYAFED/E1/2570/2022`| ||`DATED 31.05.2022`| |`EXHIBIT P6`|`TRUE COPY OF THE MEMO OF CHARGES DATED`| ||`18.7.2022 ISSUED TO THE PETITIONER`| |`EXHIBIT P7`|`TRUE COPY OF THE REPLY DATED 12.08.2022`| ||`SUBMITTED BY THE PETITIONER BEFORE THE 3RD`| ||`RESPONDENT`| |`EXHIBIT P8`|`TRUE COPY OF REPRESENTATION DATED 29.09.2022`| ||`SUBMITTED BY THE PETITIONER BEFORE THE 2ND`| ||`RESPONDENTSEEKING FOR REINSTATEMENT IN`| ||`SERVICE AND THAT THE JOB IS THE ONLY SOURCE`| ||`OFINCOME FOR HIS FAMILY.`| |`EXHIBIT P9`|`TRUE COPY OF REPRESENTATION DATED 4.1.2023`| ||`SUBMITTED BY THE PETITIONER BEFORE THE 2ND`| ||`RESPONDENTSEEKING FOR REINSTATEMENT IN`| ||`SERVICE AND THAT THE JOB IS THE ONLY SOURCE`| ||`OFINCOME FOR HIS FAMILY.`| |`EXHIBIT P10`|`TRUE COPY OF REPRESENTATION DATED 24.2.2023`| ||`SUBMITTED BY THE PETITIONER BEFORE THE`| ||`3RDRESPONDENTSEEKING FOR REINSTATEMENT IN`| ||`SERVICE AND THAT THE JOB IS THE ONLY SOURCE`| ||`OFINCOME FOR HIS FAMILY.`| |`EXHIBIT P11`|`TRUE COPY OF THE NON EMPLOYMENT CERTIFICATE`| ||`ISSUED TO THE PETITIONER DATED 03.01.2023,`| |`EXHIBIT P12`|`TRUE COPY OF THE NON EMPLOYMENT CERTIFICATE`| W.P.(C.) No.30182 of 2023 9 ``` ISSUEDTOTHEPETITIONERDATED03.05.2023 EXHIBITP13TRUECOPYOFTHEREPRESENTATIONSUBMITTEDBY THEPETITIONERBEFORETHE4THRESPONDENT DATED09.05.2023ALONGWITHPOSTALRECEIPT EXHIBITP14TRUECOPYOFTHEJUDGMENTDATED05.06.2023IN W.P.(C)NO.16950/2023OFTHEHONBLEHIGH COURT ``` ``` EXHIBITP15TRUECOPYOFTHEHEARINGNOTESDATED 06.07.2023SUBMITTEDBYTHEPETITIONER EXHIBITP16TRUECOPYOFTHEPROCEEDINGSNO.MATSYAFED/ E1/2570/2022DATED02.09.2023ISSUEDBYTHE 4THRESPONDENT ``` ``` EXHIBITP17TRUECOPYOFTHEPROCEEDINGSOFTHE2ND RESPONDENTASPERORDERNO.DFTVM/1481/2022-F3 DATED23.08.2023 ```
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