JUDGMENT

Dated this the 8th day of February 2021 This writ petition is filed seeking the following reliefs:-

(i) To call for the records leading to Exhibit P4 suspension Order issued to the petitioner and set aside or quash the same by issuing a Writ of Certiorari or any other appropriate Writ or Order after declaring it as illegal.

(ii) To issue a writ of mandamus directing the 2nd respondent to revoke the order of suspension Exhibit P4 and permit the petitioner to join for duty as an Abkari Worker in Shop No.FL-1/13011 (Kannur Old) Retail Shop, in the interest of justice.

(iii) To call for the records leading to issuance of Exhibits P10 charge memo and the accompanying statement of allegation and set aside the same on the ground that the charge sheet of such a nature will not lie in the given facts and circumstances of the case.

(iv) To declare that, the Abkari Workers associating with the local body election does not amounts to any violation of Model Code of Conduct or the violation of Kerala Government Service Rules or the Service Rules of the Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd.

2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that the petitioner is an Abkari worker, who had been absorbed in the service of the Beverages Corporation. He had been placed under suspension on 02.12.2020 by Ext.P4 on the ground that he had participated in an election campaign of his relative. It is submitted by the learned counsel for the petitioner that the ground raised in Ext.P4 is that the conduct of the petitioner as a Government servant, in having participated in an Election Campaign, was against the Conduct Rules.

4. It is submitted by the learned counsel for the petitioner that the petitioner cannot be regarded as a Government servant and that the Government Servants Conduct Rules are not applicable to the petitioner. It is submitted that there is no provision in the Conduct Rules applicable to the petitioner, which states that the petitioner should not participate in Panchayath Election Campaign.

5. It is submitted that pointing out all the factual and legal aspects of the matter, the petitioner has submitted Ext.P11 representation before the 1st respondent and seeks a consideration of the same, after hearing the petitioner as well. Having considered the contentions advanced on either side, I am of the opinion that the question whether the petitioner was liable to be kept under suspension on the grounds stated in Ext.P4, is a matter for the 2nd respondent to consider in accordance with law. Ext.P11 representation preferred by the petitioner is, therefore, liable to be considered without further delay.

In the above view of the matter, there will be a direction to the 2nd respondent to take up Ext.P11 representation preferred by the petitioner and to consider the same, taking note of the contentions raised by the petitioner, including with regard to the inapplicability of the Government Servants Conduct Rules. Orders shall be passed by the 2nd respondent, after hearing the petitioner as well, through any appropriate means, including video conferencing within a period of two weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ssa APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER NO

4616/AA12/2012/KSBC DATED 16.3.2017 EXHIBIT P2 A TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED PAY SCALE SANCTIONED AS PER GO (P)NO.206/2012/FIN DATED 2.4.2012 EXHIBIT P3 A TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER AND ITS TYPED COPY EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE SUSPENSION ORDER NUMBER

12786/AE3(C)/2020/KSBC DATED 2.12.2020 EXHIBIT P5 A TRUE COPY OF THE DESHABHIMANI DAILY DATED

29.11.2020 EXHIBIT P6 A TRUE COPY OF COMPLAINT FORWARDED BY MR.VIJU PALA, SECRETARY OF LDF OF 7TH D