IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
OP (CAT) NO. 30 OF 2022
AGAINST THE ORDER DATED 26.05.2022 IN OA 180/255/2022 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT IN ORIGINAL APPLICATION:
A BALAKRISHNAN, AGED 69 YEARS, SON OF CHATHU,
ASSISTANT PROVIDENT FUND COMMISSIONER (RETIRED),
EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL
OFFICE, KOZHIKODE, KERALA-673006 RESIDING AT
"VAISAKH", KOORKKANPARAMBA, CALICUT UNIVERSITY P O,
MALAPPURAM, KERALA, PIN - 673635
BY ADVS.
REKHA VASUDEVAN
BABU S. NAIR
T.K.PRASEEDA
SHILPA G.S.
RESPONDENTS/RESPONDENTS IN ORIGINAL APPLICATION:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SAKTHI
BHAVAN, RAFI MARG, NEW DELHI, PIN - 110001
2 THE UNDER SECRETARY
GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND
EMPLOYMENT, SHRAM SAKTHI BHAVAN, RAFI MARG, NEW DELHI,
PIN - 110001
3 UNION PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, DHOLPUR HOUSE, SHAJAHAN
ROAD, NEW DELHI , PIN - 110069
4 THE CENTRAL PROVIDENT FUND COMMISSIONER
EMPLOYEES' PROVIDENT FUND ORGANIZATION, HEADQUARTERS
:2:
OP(CAT) No.30 of 2022
OFFICE, BHAVISHYANIDHI BHAWAN, 14-BHIKAJI CAMA
PALACE, NEW DELHI, PIN - 110006
5 THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER
KERALA & LAKSHADWEEP (THIRUVANANTHAPURAM),
BHAVISHYANIDHI BHAWAN, P B NO 1016, PATTOM,
THIRUVANANTHAPURAM, KERALA- 695004, PIN - 695004
6 THE REGIONAL PROVIDENT FUND COMMISSIONER
REGIONAL OFFICE, KOZHIKODE, BHAVISHYANIDHI BHAWAN, P
B NO. 806, ERANHIPALAM P O, KOZHIKODE, KERALA, PIN -
673006
R1 AND R2 BY SRI.JAISHANKAR V NAIR, CGC
R3 BY SRI.THOMAS MATHEW NELLIMOOTTIL, SC
R4, R5 & R6 BY ADV DR. ABRAHAM P MAECHINKARA
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 31.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:3:
OP(CAT) No.30 of 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J.
This OP(CAT) has been preferred by the applicant in O.A.No.180/255/2022, aggrieved by the denial of the interim relief sought in the said Original Application (O.A) by the petitioner. It would appear that pursuant to disciplinary proceedings initiated against the petitioner, a penalty was imposed on him for an erroneous decision taken by him while functioning as an Assistant Provident Fund Commissioner. The punishment imposed was "cut in pension at the rate of 20% for a period of 5 years." The Administrative Tribunal although entertained the O.A, while considering the prayer for interim relief merely directed the respondents to file a reply statement within 4 weeks time and granted the applicant further two weeks time thereafter for filing the rejoinder. The matter was then posted to 14.07.2022 for completion of pleadings. The Tribunal was not inclined to pass any order staying the implementation of the penalty that was imposed on the petitioner/ applicant.
2. We have heard Smt.Rekha Vasudevan the learned counsel for the petitioner, Sri.Jaishankar V. Nair the learned Central Government counsel for the respondents 1 and 2, Sri.Thomas Mathew Nellimmoottil the learned Standing counsel for the 3 rd respondent and Sri.Abraham P. Meachinkara the learned Standing counsel for respondents 4, 5 and 6. :4: OP(CAT) No.30 of 2022
3. On a consideration of the rival submissions, we are of the view that inasmuch as the Tribunal has already entertained the O.A against the penalty order and has posted the matter for completion of pleadings in July 2022, the ends of justice would require that the order impugned in the O.A (A14) not be implemented, pending the disposal of the O.A, on merits. Under such circumstances, we modify the impugned order of the Administrative Tribunal and direct that pending disposal of the Original Application, on merits by the Tribunal, there shall be a stay of operation of Annexure -A 14 order impugned in the O.A and the respondents in the O.A shall continue to disburse the monetary pension as was being granted prior to the issuance of Annexure-A14 to the petitioner herein.
The OP(CAT) is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
MOHAMMED NIAS C.P.
JUDGE mns :5: OP(CAT) No.30 of 2022 APPENDIX OF OP (CAT) 30/2022 PETITIONER ANNEXURES Annexure A6 COPY OF THE MEMORANDUM NO. C-
111016/30/2015-SS-1 DATED 02.02.2016 ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT Annexure A8 COPY OF THE MEMORANDUM C-11016/30/2015-SS-I DATED 12.03.2021 ISSUED BY THE 2ND RESPONDENT Annexure A9 COPY OF THE INQUIRY REPORT DATED 06.06.2018 SUBMITTED BY THE INQUIRING OFFICER Annexure A14 COPY OF THE ORDER NO. C-11016/ 30/ /2015-
SS-1 DATED 20.04.2022 ISSUED BY THE 2ND RESPONDENT Annexure A1 COPY OF THE RRC.II/28(31)07/53677 TO 53777 DATED 17.10.2007 ISSUED BY THE 4TH RESPONDENT Annexure A2 COPY OF THE OFFICE ORDER NO. 51/2012 DATED 21.08.2012 ISSUED BY THE 6TH RESPONDENT Annexure A3 COPY OF THE JUDGMENT DATED 29.09.2011 IN W.P.(C). NO. 10644 OF 2007 OF THE HONOURABLE HIGH COURT Annexure A4 COPY OF THE PROCEEDINGS NO. KR/KK/11737/ENF I(1)/2012-13/4004 DATED 31.12.2012 ISSUED BY THE APPLICANT Annexure A5 COPY OF THE STATEMENT OF REPLIES GIVEN BY THE APPLICANT TO THE QUESTIONNAIRE OF SRI E RAMAKRISHNA RAO AD (VIG) ON 22.05.2014 Annexure A7 COPY OF THE FORWARDING LETTER NO.
KR/KK/ADM.I(1) /SB /VIG /BMH /2021 DATED 31.03.2021 ISSUED BY THE 6TH RESPONDENT ALONG WITH THE LETTER NO. ZO/KR/R-
6/VIG(MISC)/2021/567 DATED 25.03.2021 ADDRESSED BY THE REGIONAL PROVIDENT FUND :6: OP(CAT) No.30 of 2022 COMMISSIONER-I TO THE 6TH RESPONDENT Annexure A10 COPY OF THE REPRESENTATION DATED 09.04.2021 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT Annexure A11 COPY OF THE REPRESENTATION DATED 28.09.2021 SUBMITTED BY THE APPLICANT TO HIS EXCELLENCY THE PRESIDENT OF INDIA Annexure A12 COPY OF THE REPRESENTATION DATED 18.11.2021 SUBMITTED BY THE APPLICANT TO HIS EXCELLENCY THE PRESIDENT OF INDIA Annexure A13 COPY OF THE REPRESENTATION DATED 08.01.2022 SUBMITTED BY THE APPLICANT TO HIS EXCELLENCY THE PRESIDENT OF INDIA Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION (OA NO. 255 OF 2022) ON THE FILES OF THE HONOURABLE TRIBUNAL WITH ANNEXURES Exhibit P2 TRUE COPY OF THE ORDER DATED 26.05.2022 IN O A NO 255 OF 2022 OF THE HONOURABLE TRIBUNAL RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE