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2022 Supreme(Online)(KER) 22662
HIGH COURT OF KERALA
ANU SIVARAMAN, J
SREE VENKITTATHEVAR DEVASWAM, KOTTAKKAL – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/12893/2022
C.DINESH, P.P.JACOB, MARIYAM JACOB, R.LAKSHMI NARAYAN, G.SREEKUMAR (CHELUR)
The principle established is that mootness due to reinstatement nullifies the need for judicial examination of related disciplinary issues.
Headnote:
Disciplinary Action - Writ Petitions - Relevant Scheme - Legal Summary
Fact of the Case:
The petitioner filed writ petitions regarding reinstatement and disciplinary proceedings which were reportedly dropped. The submission indicated the petitioner's position was reinstated on 24/6/2022, making the petitions moot.
Finding of the Court:
The court concluded that the issues raised were no longer relevant for consideration given the reinstatement of the petitioner and the cessation of disciplinary proceedings.
Issues: Whether the larger questions raised in the writ petitions required examination following the reinstatement of the petitioner.
Ratio Decidendi: The court held that since the petitioner was reinstated and disciplinary actions against them were dropped, the proceedings were rendered moot and unnecessary for further adjudication.
Final Decision: The writ petitions are closed as infructuous.
JUDGMENT
It is submitted by the learned standing counsel appearing for the Malabar Devaswam Board as well as the counsel for the petitioner in WP(c) No.12893 of 2022 that the petitioner in WP(c) No.30841 of 2021 stands reinstated on 24/6/2022 and that all the disciplinary proceedings against the petitioner stand dropped.
In the above view of the matter, I am of the opinion that the larger questions raised do not require to be considered in these writ petitions. All other questions are left open.
These writ petitions are closed as infructuous.
Sd/-
ANU SIVARAMAN JUDGE ska APPENDIX OF WP(C) 12893/2022 PETITIONER EXHIBITS Exhibit P1 THE RELEVANT PAGES OF THE SCHEME GOVERNING THE DISCIPLINARY AUTHORITY WITH RESPECT TO THE TEMPLE EMPLOYEES.
Exhibit P2 TRUE COPY OF THE WRIT PETITION ALONG WITH EXHIBITS DATED 29/12/2021 FILED BY 4TH RESPONDENT SREE AJITH KUMAR BEFORE THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN WP(C) 30841 OF 2021 DATED
31/1/2022.
Exhibit P4 TRUE COPY OF THE APPEAL MEMORANDUM IN A.P.NO.1 OF 2022 DATED 7/1/2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT, DEPUTY COMMISSIONER MALABAR DEVASWAM.
Exhibit P5 TRUE COPY OF THE COUNTER STATEMENT IN A.P.NO.1 OF 2022 DATED 31/3/2022 FILED BY THE PETITIONER HEREIN.
APPENDIX OF WP(C) 30841/2021 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE LETTER ISSUED BY BY THE FIRST RESPONDENT DATED 5.9.2017 Exhibit P2 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER ISSUED BY THE FIRST RESPONDENT DATED 19.9.2017 Exhibit P3 TRUE PHOTOCOPY OF THE ORDER APPROVING THE APPOINTMENT DATED 26.6.2019 Exhibit P4 TRUE PHOTOCOPY OF THE PROCEEDING GRANTING PAY SCALE DATED 18.11.2019 ISSUED BY THE SECOND RESPONDENT Exhibit P5 TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE DATED
14.12.21 ISSUED BY THE FIRST RESPONDENT Exhibit P6 TRUE PHOTOCOPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT Exhibit P7 TRUE PHOTOCOPY OF SUSPENSION ORDER DATED
22.12.2021 ISSUED BY THE FIRST RESPONDENT Exhibit P8 TRUE PHOTOCOPY OF THE CHARGE SHEET DATED
22.12.21 ISSUED BY THE FIRST RESPONDENT Exhibit P9 TRUE PHOTOCOPY OF THE LETTER/PROCEEDING DATED
22.12.2021 ISSUED BY THE FIRST RESPONDENT Exhibit P10 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 12/3/2018 RESPONDENT EXHIBITS Exhibit R1 A TRUE COPY OF THE RELEVANT PAGE OF THE SCHEME GOVERNING THE DISCIPLINARY AUTHORITY WITH RESPECT TO THE TEMPLE EMPLOYEES.
