Ebin.R vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA FRIDAY, THE 26TH DAY OF NOVEMBER 2021 / 5TH AGRAHAYANA, 1943 CRL.MC NO. 8746 OF 2018 (CRIME NO.839 OF 2018 PALAKKAD TOWN NORTH POLICE STATION) PETITIONER/ACCUSED NO.2: EBIN.R, AGED 34 YEARS S/O.RAHIM.M., A.F.RESIDENCE, THEKKADA, VEMBAYAM P.O., THIRUVANANTHAPURAM. (ASSISTANT GENERAL MANAGER, KERALA SIDCO, THIRUVANANTHAPURAM). BY ADVS. B.RAMAN PILLAI (SR.) SRI.R.ANIL SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.THOMAS SABU VADAKEKUT SRI.E.VIJIN KARTHIK T.ANILKUMAR RESPONDENTS/STATE & FIRST INFORMANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. 2 MS.JAYANTHI KRISHNAN VELIYANNUR HOUSE, PALAKKAL PARALAM P.O., THRISSUR - 680 563, (MANAGER SIDCO). BY ADVS. ADDL.DIRECTOR GENERAL OF PROSECUTION SMT.GISA SUSAN THOMAS PP RENJIT GEORGE, SR GP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 26th day of November, 2021 According to the learned counsel for the petitioner, final report has already been filed. Learned counsel for the petitioner seeks permission to withdraw the Crl.M.C. Permission granted. Hence, the Crl.M.C. is dismissed as withdrawn. Sd/- M.R.ANITHA JUDGE SMF APPENDIX OF CRL.MC 8746/2018 PETITIONER ANNEXURE ANNEXURE A THE CERTIFIED COPY OF THE COMPLAINT DTD.27/7/2018, ADDRESSED TO THE DY.SP, PALAKKAD. ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.839 OF 2018 OF PALAKKAD TOWN NORTH POLICE STATION. ANNEXURE B TRUE COPY OF LETTER NO.616/F2/2016/ID, GOVT OF KERALA, INDUSTRIES DEPARTMENT FROM THE ADDL.CHIEF SECRETARY DTD.17/10/2016.

ANNEXURE C THE TRUE COPY OF THE TRANSFER ORDER

DTD.24/10/2016. ANNEXURE D THE TRUE COPY OF THE REQUEST LETTER DATED 3/4/2017 FOR TRANSFER SUBMITTED BY THE 2ND RESPONDENT. ANNEXURE E THE TRUE COPY OF THE ORDER ISSUED BY THE M.D., WHICH CONTAINS OTHER TRANSFERS AND POSTINGS OF OTHER STAFF DTD.5.4.2017. ANNEXURE F THE TRUE COPY OF COMPLAINT ADDRESSED TO THE INDUSTRIES MINISTER WHICH IS ALSO MARKED TO THE DIRECTOR VIGILANCE AND ANTI CORRUPTION BUREAU, CHAIRMAN KERALA SIDCO ETC FORWARDED TO THE M.D.39 DATED 3/2/2018. ANNEXURE G TRUE COPY OF THE ORDER, ISSUED BY THE ADMINISTRATIVE OFFICER SIDCO, THE SECOND RESPONDENT WAS TRANSFERRED FROM OLLUR MARKETING CENTRE AS MANAGER OF INDUSTRIAL ESTATE AT KALLETTUMKARA DTD

ANNEXURE H TRUE COPY OF THE WRITTEN REQUEST OF THE 2ND RESPONDENT. ANNEXURE I TRUE COPY OF COMPLAINT DATED 9/2/2018 OF OLLUR INDUSTRIALISTS FORUM AGAINST THE 2ND RESPONDENT ADDRESSED TO HE CHIEF MINISTER. ANNEXURE I(I) TRUE COPY OF COMPLAINT AGAINST 2ND RESPONDENT DTD.22.3.2018 OF SIDCO, VYAVASAYA SAMRAKSHANA SAMITHI ADDRESSED TO THE CHIEF MINISTER. ANNEXURE J THE TRUE COPY OF THE COMPLAINT ADDRESSED TO THE STATE CHIEF MINISTER AND THE INDUSTRIES MINISTER. ANNEXURE K THE TRUE COPY OF THE LETTER OF PRINCIPAL SECRETARY RECEIVED IN THE OFFICE OF M.D. ANNEXURE L THE TRUE COPY OF THE REPRESENTATION SENT BY THE 2ND RESPONDENT TO THE PRINCIPAL SECRETARY, INDUSTRIES DATED ANNEXURE M THE TRUE COPY OF THE INTERIM REPORT OF

SRI.EBIN, HEAD MARKETING, SIDCO, DATED RESPONDENT WITH THE ENDORSEMENT OF THE PETITIONER TO KEEP WAY FROM THE POST OF MARKETING CENTRE MANAGER AND DIRECTING EBIN TO CONDUCT THE 2ND RESPONDENT.

ANNEXURE N THE TRUE COPY OF THE TRANSFER ORDER

DATED 30/6/2018 TO KEEP AWAY THE 2ND RESPONDENT FROM THE POST OF MANAGER MARKETING CENTRE, PALAKKAD AND PUTTING

IN CHARGE OF R.M.DEPOT, PALAKKAD AND INDUSTRIAL ESTATE. ANNEXURE O THE TRUE COPY OF THE MEMORANDUM OF WRIT PETITION NO.22356/2016 DATED ANNEXURE P THE TRUE COPY OF THE COMPLAINT BEFORE THE CHIAR PERSON, I.C.C (INTERNAL COMPLAINT COMMITTEE), SIDCO, THIRUVANANTHAPURAM. ANNEXURE Q THE TRUE COPY OF THE NOTE OF THE CHAIRPERSON ICC ADDRESSED TO THE ADMINISTRATIVE OFFICER DATED //TRUE COPY// PA TO JUDGE