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2020 Supreme(Online)(KER) 46877

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941 RP.No.170 OF 2020 IN WP(C). 15035/2019 AGAINST THE JUDGMENT IN WP(C) 15035/2019(D) OF HIGH COURT OF KERALA REVIEW PETITIONERS/RESPONDENTS 1 TO 3:

1 THE KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD, (CONSUMERFED), REPRESENTED BY ITS MANAGING DIRECTOR, GANDHI NAGAR, ERNAKULAM, KOCHI-682 020.

2 THE BOARD OF DIRECTORS OF THE KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD (CONSUMERFED), REPRESENTED BY ITS MANAGING DIRECTOR, GANDHI NAGAR, ERNAKULAM, KOCHI-682 020.

3 THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD, (CONSUMERFED), REPRESENTED BY ITS MANAGING DIRECTOR, GANDHI NAGAR, ERNAKULAM, KOCHI-682 020.

BY ADV. SRI.M.SASINDRAN RESPONDENTS/PETITIONER AND RESPONDENTS 4 & 5:

1 NAJU LEELADHAR P., AGED 45 YEARS PRAHARSHAM (H), MLA ROAD, KUNNAMANGALAM P.O., KOZHIKODE-673 571.

2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 015.

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (C)

DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

OTHER PRESENT:

SRI.SYAMJI RAM-GP THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

This petition has been filed seeking review of the judgment dated 27.06.2019, not because there is any error apparent on its face, but because the disciplinary enquiry permitted against the writ petitioners/respondents has not been able to be completed within the time granted therein.

2. Sri.M.Sasindran, learned Standing Counsel appearing for the review petitioners, submits that the delay in completion of the enquiry proceedings was also, in part, on account of the indifference shown by the writ petitioners, but that since the proceedings are now underway, his clients will be able to complete it not later than 15.03.2020. He thus prays that this review petition be allowed to that extent.

3. In opposition to the above, Sri.Arjun Raghavan, learned counsel appearing for the writ petitioners/respondents submits that this Court has already granted four months' time from the date of judgment, namely 27.06.2019, to complete the enquiry proceedings and that more than two months have now elapsed after the said time frame. He therefore, prays that this Court may not grant the time as has been now sought for by the review petitioners.

4. When I consider the afore submissions, it is without doubt that the time originally granted by this Court was so fixed since I had thought that it will be sufficient to complete the enquiry proceedings against the writ petitioners/respondents. However, when I examine the reasons stated by the petitioners in the review petition, I see that steps have already been taken for completion of the enquiry proceedings and that an Enquiry Officer has also been appointed, who is now taking the processes forward.

5. I am, therefore, of the view that a limited latitude can be shown to the review petitioners and that the time frame for completion of the enquiry can be granted till 15.03.2020, as prayed for; however, making it clear that no further extensions will be entertained or granted.

Resultantly, this review petition will stand allowed to the afore limited extent and the time frame in the judgment, for completion of the enquiry proceedings against the writ petitioners, will stand extended until 15.03.2020.

SD/-

DEVAN RAMACHANDRAN rp JUDGE APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 A TRUE COPY OF THE LETTER DATED 18.7.2019 ISSUED BY THE LEGAL OFFICER TO THE ADMINISTRATION MANAGER.

ANNEXURE A11 A TRUE COPY OF THE LETTER DATED 21.11.2019 ISSUED BY THE ADMINISTRATION MANAGER TO THE LEGAL OFFICER.

ANNEXURE A111 A TRUE COPY OF THE ORDER DATED 11.12.2019 IN IA NO 1/2019 I WPC 15035 OF 2019 ANNEXURE AIV A TRUE COPY OF THE LETTER DATED 21.11.2019 ISSUED BY THE MANAGING DIRECTOR TO THE ENQUIRY OFFICER WITH A COPY TO THE WRIT PETITIONER ANNEXURE AV A TRUE COPY OF THE LETTER DATED 27.11.2019 ISSUED BY THE ENQUIRY OFFICER TO THE WRIT PETITIONER ANNEXURE AVI A TRUE COPY OF THE LETTER DATED 5.12.2019 SENT BY THE WRIT PETITIONER TO THE ENQUIRY OFFICER ANNEXURE AVII A TRUE COPY OF THE COMMUNICATION DATED 13.1.2020 ISSUED BY THE ENQUIRY OFFICER TO THE WRIT PETITIONER /DELINQUENT ANNEXURE AVIII A TRUE COPY OF THE LETTER DATED 17.1.2020 SUBMITTED BY THE WRIT PETITIONER/DELINQUENT TO THE ENQUIRY OFFICER ANNEXURE AIX A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE ADMINISTRATION OFFICER.

ANNEXURE AX A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE CLERK OF THE COUNSEL APPEARING FOR THE REVIEW PETITIONERS

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