High Court Kerala High Court

The President vs The General Manager on 17 June, 2009

Kerala High Court
The President vs The General Manager on 17 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16750 of 2009(K)


1. THE PRESIDENT, TRIVANDRUM DISTRICT KONCH
                      ...  Petitioner

                        Vs



1. THE GENERAL MANAGER, DISTRICT INDUSTRIES
                       ...       Respondent

2. THE DEPUTY REGISTRAR,DISTRICT INDUSTRIES

                For Petitioner  :SRI.B.S.SWATHY KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/06/2009

 O R D E R
                        ANTONY DOMINIC, J.
                      ================
                  W.P.(C) NO. 16750 OF 2009 (K)
                  =====================

              Dated this the 17th day of June, 2009

                           J U D G M E N T

It is stated that pursuant to Ext.P1, an enquiry under Section

65 was conducted into the affairs of the society, of which the

petitioner is the President and a report was submitted. Acting

upon the report so received, the 1st respondent has now issued

Ext.P2 show cause notice to the petitioner calling upon the

petitioner to furnish their explanations in the matter.

2. Petitioner has two grievances. One is that copy of the

report submitted, based on which Ext.P2 has been issued, has not

been furnished. Secondly, they should also get an opportunity to

make their representations in the matter before final orders are

passed in pursuance to Ext.P2.

3. Having heard the counsel for the petitioner and the

learned Government Pleader, I think the petitioner is justified in

the submissions made.

4. Therefore, the writ petition is disposed of with the

following directions.

(1) That on production of a copy of this judgment, the 1st

WPC 16750/09
:2 :

respondent shall furnish a copy of the report on the basis of which

Ext.P2 notice has been issued to the petitioner.

(2) It is directed that in order to enable the petitioner to

file an effective reply to Ext.P2, the time for filing the reply will

also stand enlarged by 2 weeks from the date of service of the

copy of the report. Once an objection to Ext.P2 is filed, petitioner

shall also be given an opportunity of hearing.

(3) Petitioner shall produce a copy of this judgment before

the 1st respondent on or before 20th of June 2009, for compliance.

ANTONY DOMINIC, JUDGE
Rp