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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Babilu Sankar S/o Late Sankaran Kutty Nair – Appellant
Versus
Sree Padmanabha Swamy Temple, Thiruvananthapuram – Respondent
| Table of Content |
|---|
| 1. petitioner’s employment ceased over disciplinary actions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. the legality of the termination and disciplinary processes. (Para 6 , 7 , 12) |
| 3. arguments by counsel and considerations from the court. (Para 14) |
| 4. stigmatic conclusions without proper enquiry are invalid. (Para 17 , 23) |
| 5. court’s final order to reinstate the petitioner. (Para 24) |
JUDGMENT :
1. The petitioner is holding the post of Senior Upper Division Clerk in the Mathilakam office of Sree Padmanabha Swamy Temple. This writ petition is filed aggrieved by Exts.P5 and P18 orders by which the petitioner has been declared as ceased to be an employee of the Temple.
3. While the inquiry was going on, the respondents arbitrarily reverted the petitioner from the post of Senior UDC to the post of Store Keeper, as per Ext.P5 order dated 17.02.2023. The petitioner hence filed W.P.(C) No.17504/2023. This Court allowed the writ petition in part as per Ext.P6 judgment dated 11.08.2023. The Administrative Committee was directed to consider the petitioner's objection to the memo of charges. The petitioner was permitted to approach the Executive Officer with an application for leave.
5. The discipl
Disciplinary actions declaring an employee ceased to be in service must comply with principles of natural justice, especially when findings are stigmatic and involve adverse consequences.
suspension must be a step in aid to the ultimate result of the investigation or inquiry. The authority also should keep in mind public interest of the impact of the delinquent’s continuance in office....
The importance of following prescribed procedures and principles of natural justice in disciplinary proceedings.
The court upheld the authority of the Administrative Committee in temple management and affirmed the validity of ongoing disciplinary proceedings against the appellant.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
The court emphasized the shockingly disproportionate nature of the punishment of removal from service in the context of the respondent's prolonged absence due to mental illness, highlighting the need....
A daily wage employee engaged for a specific purpose during a festival has no right to claim continuance of service and cannot demand any right in respect of appointment or continuance of service.
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