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Judgment
Muralee Krishna S., J.
This writ appeal is filed by the appellant challenging the judgment dated 06.11.2020 in W.P(C)No.21281 of 2020, whereby the writ petition filed by the appellant under Article 227 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent Plantation Corporation of Kerala Ltd to release him all his terminal benefits was dismissed by the learned Single Judge holding that the appellant has not disclosed about the filing and disposal of an earlier writ petition W.P(C)No.26497 of 2019 challenging the disciplinary action against him.
On 21.12.2020, when this writ appeal came up for consideration, this court passed the following order:
“After hearing the learned counsel appearing on either side, we are of the view that withholding of DCRG for a considerably long period has caused substantial injustice to the appellant/ petitioner, who is a retired employee. He had retired from service as early as on 6.4.2016 and even now the disciplinary proceedings had not been completed.
Under such circumstances, it is only appropriate to grant an interim relief to the petitioner/appellant. We direct the respondents to disburse 50% of his DCRG within a period of two weeks from today, which will be subject to further orders. While effecting payment of the said amount, petitioner shall give an undertaking in the form of a simple bond to repay any amount that may be levied as fine by the department.”
The Managing Director of Plantation Corporation of Kerala Ltd filed a counter affidavit and produced the relevant documents for the perusal of this court along with the counter affidavit as well as along with IA 2 of 2024.
On 11.11.2024, when this writ appeal came up for consideration, this court passed the following order:
“During the course of arguments, the submissions made by the learned counsel for the appellant is that the appellant is yet to receive Annexure R1(w) report dated 14.09.2022 submitted by the Domestic Enquiry Officer before the Managing Director of Plantation Corporation of Kerala Ltd and Annexure R1(x) letter dated 05.08.2024 of the Managing Director of the Corporation, addressed to the appellant.
The learned Standing Counsel for the Plantation Corporation of Kerala Ltd seeks time to make available for the perusal of this Court the files relating to Annexure R1(w) and R1(x).”
In pursuance to the said undertaking, the learned standing counsel made available for the perusal of this Court the files relating to the disciplinary proceedings against the appellant.
Heard the learned counsel appearing for the appellant, the learned government pleader appearing for the 3rd respondent and the learned standing counsel appearing for respondents 1, 2 and 4.
The learned counsel for the appellant would submit that the appellant joined service in the Plantation Corporation of Kerala Ltd in the year 2012 and he had to superannuate on 06.04.2016. But he was suspended from service on the basis of disciplinary proceedings initiated. His service was terminated without paying the terminal benefits. The 50% of pensionary benefits ordered to be paid by this court was also not paid to him till date. The writ petition was dismissed by the learned single judge on erroneous appreciation of facts.
On the other hand, the learned Standing Counsel appearing for the respondents would submit that for the very same relief as that claimed in the present writ petition, the appellant had previously filed another writ petition which resulted in Annexure R1(p) Judgment. As directed in the said Judgment, the representation of the appellant was considered by the respondents and it was properly disposed of by Annexure R1(g) order dated 06.09.2019. It is suppressing the said fact the appellant filed the subsequent two writ petitions before this Court. The appellant did not approach this court with clean hands and noting the same, the writ petition was dismissed by the learned Single Judge. The learned Standing Counsel by pointing out the postal acknowledgment cards signed by the appellant available in the files relating to the disciplinary proceedings initiated against him, argued that the appellant was served with Annexure R1(w) domestic inquiry report finding him guilty of the charges and Annexure R1(x) show cause notice. According to the learned Standing Counsel, the appellant did not turn up even after repeatedly serving him the notices of the departmental enquiry proceedings. He did not turn up in spite of issuing R1(y) communication intimating him to give an undertaking on stamp paper to accept 50% of the terminal benefits.
The perusal of the records would show that the appellant was working as the Assistant Manager of the 1st respondent, Plantation Corporation of Kerala Ltd at its Kasaragod office. Based on the report of the Vigilance Committee constituted by the Corporation, pointing out dereliction of duty, disciplinary proceedings were initiated against him and he was suspended from service with effect from 05.12.2015 and it was intimated to the appellant as per Annexure R1(c) notice dated 05.12.2015. The appellant was about to retire from service on 06.04.2016. Therefore, Annexure R1(c) communication dated 14.03.2016 was issued to him by the Corporation informing him that he would be deemed to be in service for the limited purpose of continuing with the disciplinary proceedings.
Challenging the said communication, the appellant filed W.P(C)No.28790 of 2016 before this Court and sought an order directing the 1st respondent-Plantation Corporation of Kerala Ltd to release all terminal benefits and subsistence allowance to him with interest @ 10% per annum. The said writ petition was disposed of by this Court as per Annexure R1(y) Judgment dated 18.03.2019 directing the Corporation to consider the representation of the appellant within one month after notice to him. The appellant then filed Contempt Case(C)No.1587 of 2019 before this Court alleging non-compliance of the directions contained in Annexure R1(y) Judgment. The 1st respondent then proceeded with the inquiry by issuing notice to the appellant and the representation submitted by the appellant was disposed on 06.09.2019 as per Annexure R1(g)order. In view of the compliance of the directions in Annexure R1(y) Judgment, Contempt Case(C)No.1587 of 2019 was closed on 24.09.2019 Annexure R1(h) Judgment.
The appellant again approached this Court by filing W.P(C)No.26497 of 2019 praying to issue a writ of certiorari to quash Ext P2 charge memo and Annexure R1(g) order. When the fact of disposal of the previous writ petition was brought to the notice of this Court, the second writ petition was also dismissed as per Annexure A1 judgment dated 31.10.2019. It is thereafter that the appellant filed the present writ petition seeking a writ of mandamus commanding the 1st respondent-Planation Corporation of Kerala Limited to release all terminal benefits to him with interest @ 10% per annum.
The present writ petition is the third one filed by the appellant. Though he states that he was not served with notice of domestic inquiry conducted by the 1st respondent, the files relating to the disciplinary proceedings initiated against him would show that he was served with a copy of Annexure R1(w) report of domestic inquiry and Annexure R1(x) show cause notice dated 05.08.2024. The records would show that the appellant had sent Annexures R1(s), R1(u) and R1(v) letters dated 14.06.2021, 28.10.2021 and 09.06.2022 respectively to the 1st respondent seeking time to participate in the domestic inquiry, etc. Ultimately due to his non-appearance, Annexure R1(w) domestic enquiry report was passed ex parte by the Inquiry Officer appointed by the 1st respondent. It is suppressing all those facts, the appellant repeatedly approached this Court by filing writ petitions. Similarly, Annexure R1(y) communication intimating the appellant to give an undertaking on stamp paper to accept 50% of the terminal benefits was also issued to him by the 1st respondent as directed in the interim order of this court.
Under such circumstances, we find no ground to interfere with the impugned judgment passed in W.P(C)No.21281 of 2020 and accordingly, this writ appeal stands dismissed.