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K.T. KUNJUMUHAMMED versus THE KERALA STATE CO

High Court of Kerala

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K.T. KUNJUMUHAMMED v. THE KERALA STATE CO-OPERATIVE - WP(C) No. 10691 of 2006(W) [2006] RD-KL 529 (18 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10691 of 2006(W)

1. K.T.KUNJUMUHAMMED, RESIDING AT
... Petitioner

Vs

1. THE KERALA STATE CO-OPERATIVE
... Respondent

For Petitioner :SRI.P.V.BABY

For Respondent :SRI.B.SURESH KUMAR, SC, COIRFED

The Hon'ble MR. Justice K.THANKAPPAN

Dated :18/08/2006

O R D E R

K.THANKAPPAN, J.

W.P.(C)NO. 10691 OF 2006

Dated this the 18th day of August, 2006



JUDGMENT

The petitioner, while working as Showroom Manager Grade I in the Showroom of the respondent at Lucknow, was placed under suspension as per Ext.P1 order dated 24.9.2004. The grievance of the petitioner is that even after a lapse of two years, the enquiry has not been completed and he has not been reinstated in service. The further grievance of the petitioner is that subsistence allowance is also not being paid to him. The petitioner has also filed Ext.P13 representation before the respondent for payment of subsistence allowance and for reinstatement in service.

2. Learned counsel appearing for the respondent submits that disciplinary enquiry has started and that during the pendency of the enquiry, it is not possible to reinstate the petitioner in service as the misconduct alleged against the petitioner is misappropriation of huge amount.

3. Admittedly, the petitioner was kept under suspension on 24.9.2004 and the proposed enquiry has not been completed so far. The representation filed by the petitioner for subsistence allowance and reinstating him in service has also W.P.(C)NO.10691/2006 2 not been considered. In the above circumstances, there will be a direction to the respondent to consider Ext.P13 representation filed by the petitioner and pass appropriate orders thereon within 30 days from the date of receipt of a copy of this judgment. There will be a further direction that if the petitioner is not reinstated in service as per the request made by him, the enquiry initiated against the petitioner shall be completed within six months from today. The Writ Petition is disposed of as above.

(K.THANKAPPAN, JUDGE)

sp/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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