SHEEJA.T.A Vs. KERALA STATE HANDLOOM DEVELOPMENT ORPORATION
LAWS(KER)-2020-8-229
HIGH COURT OF KERALA
Decided on August 03,2020

Sheeja.T.A Appellant
VERSUS
Kerala State Handloom Development Orporation Respondents

JUDGEMENT

- (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.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.