JUDGEMENT
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(1.)This writ petition is filed to quash Exts.P6 and P8 communications issued by the 2nd respondent, and to
direct the 2nd respondent to issue the petitioner a
Malayalam translation of the enquiry report in strict
compliance of Exts.P3 order and P4 circular.
(2.)The petitioner is an employee of the 1 st respondent-Corporation. A domestic enquiry has been
initiated against the petitioner. The petitioner contends
that the 4th respondent- the Enquiry Officer, has taken
a stand favouring the management. Although the
petitioner has raised several complaints regarding the
bias of the 4th respondent, the same has fallen on deaf
ears.
(3.)The petitioner has contended that the Administrative Reforms (Official Language)
Department has directed all Government, Quasi
Government,Public Sector, Autonomous and other
Bodies to make Malayalam as their official language.
As per Ext.P3 order dated 30.1.2018, it is also directed
that disciplinary proceedings against employees
should be conducted in its entirety in Malayalam.
Pursuant to Ext.P3, Ext.P4 circular has also been
issued reiterating that service related matters,
including disciplinary proceedings, should be in
malayalam. However, contrary to the directions
contained in Exts.P3 and P4, the 4th respondent has
submitted his enquiry report in english and the
petitioner has been directed to file her objections to
the findings in the report within a period of five days.
Even though the petitioner has submitted Ext.P5
representation seeking malayalam translation of the
report, the 1st respondent has issued Ext.P6 letter
stating that the management was not in a position to
provide a translated copy of the enquiry report. Again,
the petitioner has submitted Ext.P7 representation,
which was also rejected by Ext.P8. The stand taken by
the 1st respondent in Exts.P6 and P8 is contrary to
Exts.P3 and P4, and therefore, the same are liable to
be quashed, and the petitioner may be furnished with a
translated copy of the enquiry report.
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