ABRAHAM MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India was filed by the petitioner aggrieved by Ext.P5 report of the 2nd respondent and Ext.P6 proceedings issued by the 3rd respondent.

(2.) The petitioner is the Managing Director of the company named "Amstor Information Technology (India) Pvt.Ltd" operating from Technopark, Thiruvananthapuram. His wife was a Director. The 4th respondent was employed as an accountant-cum-manager in the company. She was appointed by the wife of the petitioner on 2/6/1997. Owing to the dereliction of duties, the 4th respondent was terminated from service with effect from 7/11/2017. She approached the Labour Court challenging her termination. The petitioner filed a suit before the Munsiff's Court, Thiruvananthapuram to restrain the 4th respondent from trespassing into the office of the company. While so, an anonymous complaint was received by the 3rd respondent, which was forwarded to the 2nd respondent. An inquiry ensued and the 2nd respondent submitted Ext.P5 report to the 3rd respondent with the following recommendations:

(3.) The 3rd respondent acting upon on the said report issued a letter dtd. 19/9/2018, Ext.P6, asking the petitioner to comply with the aforesaid directions. The petitioner alleges that Exts.P5 and P6 are illegal and liable to be set aside. Following are the reliefs claimed by the petitioner: