High Court Kerala High Court

C.K.Sasidharan.B. vs Hindustan Insecticides Limited on 10 February, 2010

Kerala High Court
C.K.Sasidharan.B. vs Hindustan Insecticides Limited on 10 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 430 of 2010(C)


1. C.K.SASIDHARAN.B., NO.1866,
                      ...  Petitioner

                        Vs



1. HINDUSTAN INSECTICIDES LIMITED,
                       ...       Respondent

2. THE OFFICER IN CHARGE, HINDUSTAN

                For Petitioner  :SRI.P.RAMAKRISHNAN

                For Respondent  :SRI.E.K.NANDAKUMAR

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :10/02/2010

 O R D E R
                            C.T. RAVIKUMAR, J.
                     --------------------------------------------
                         W.P.(C) NO. 430 OF 2010
                     --------------------------------------------
                  Dated this the 10th day of February, 2010


                                  JUDGMENT

The petitioner is working as Accountant Special Grade under the

first respondent. While so, he was placed under suspension, as per Ext.P3

order dated 1.1.2010, on the allegation that he had supplied information

obtained under the Right to Information Act, 2005, with respect to the

educational qualification of another employee under the first respondent

in order to facilitate action against the first respondent-company. In fact,

Ext.P3 is a composite order, that is, suspension order coupled with a show

cause notice. As per Ext.P3, besides placing the petitioner under

suspension, he was also asked to show cause as to why disciplinary action

should not be taken against him for the alleged misconduct.

2. When the matter came up for admission, the learned counsel for

the respondents, on instruction, submitted that Ext.P3 need be treated only

as a show cause notice and that the petitioner will be given liberty to offer

his explanation with respect to the allegations made therein and that

W.P.(C) NO. 430/2010 2

appropriate orders will be passed only after considering such explanation.

Learned counsel further submitted that though Ext.P3 is an order of

suspension, it will not be treated as such and that the period under which

the petitioner was placed under suspension, based on Ext.P3, would be

regularised.

3. The above submissions are recorded. In view of the aforesaid

submissions, the petitioner may submit his explanation with respect to the

allegations levelled against him, as per Ext.P3, within a period of two

weeks from today. If such an explanation is received, the same shall be

considered in accordance with law. Needless to say that, in view of the

submissions recorded, the petitioner shall be reinstated into the service

forthwith.

The Writ Petition is accordingly closed.

(C.T. RAVIKUMAR, JUDGE)

sp/

W.P.(C) NO. 430/2010 3

C.T. RAVIKUMAR, J.

W.P.(C) NO. 430/2010

JUDGMENT

10th February, 2010