Kerala High Court
Dr.Noorjehan Beegom M.S vs Government Of Kerala on 3 October, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Murali Purushothaman
OP(KAT) NO.164 OF 2016 1
2024:KER:73281
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
OP(KAT) NO. 164 OF 2016
AGAINST ORDER DATED 28.07.2016 IN OA NO.139 OF 2012 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT :
DR.NOORJEHAN BEEGOM M.S.
AGED 60 YEARS,ASSISTANT PROFESSOR OFPEDODONTICS
(TERMINATED FROMSERVICE) RESIDING AT SALI
NIVAS,PUTHEN KURUCHI, THIRUVANANTHAPURAM-695303.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
RESPONDENTS/RESPONDENTS :
1 GOVERNMENT OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO GOVERNMENT
HEALTH & FAMILY WELFARE (B)DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
OP(KAT) NO.164 OF 2016 2
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3 THE DIRECTOR
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695011.
BY SMT.NISHA BOSE, SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) NO.164 OF 2016 3
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JUDGMENT
A.Muhamed Mustaque, J.
The petitioner, who was the applicant before the Tribunal, challenges her dismissal from service. The Tribunal noted that there was no challenge against charge memo and the enquiry report and therefore, the Tribunal was not prepared to enter into any other question raised other than raised before the Tribunal. The petitioner, who joined the Medical Education Service on 28.01.1984 as Tutor in the department of Paedodontics in the Government Dental College, availed leave without allowance for a period of ten years on two occasions. Thereafter, petitioner claimed that she has rejoined duty and applied for medical leave, but leave was neither granted nor rejected. The petitioner was proceeded for disciplinary action.
2. The case of the petitioner is that her application for leave was not considered at all. It is OP(KAT) NO.164 OF 2016 4 2024:KER:73281 pointed out that period referred in the charge memo includes the period on which she rejoined duty.
3. The enquiry officer found that the charge is proved against the petitioner. The Government, in consultation with the Public Service Commission, ordered dismissal from the service. In the absence of any challenge against the charge memo and also against the enquiry report, the question now remains whether there is any scope for interference in this matter. There is a categorical finding in the enquiry regarding the misconduct of the petitioner and the penalty now appears to be in proportionate to her misconduct of remaining absent from service for a long period.
4. We, in such circumstances are of the opinion that the Tribunal had adverted all aspects of the matter and had arrived at a right conclusion on the facts and circumstances of the case. We also endorse the view of the Tribunal. No interference is warranted. OP(KAT) NO.164 OF 2016 5
2024:KER:73281 Hence, this original petition stands dismissed. If the petitioner is entitled to any compassionate allowances, she is free to approach the Government and on receipt of such request, the Government shall consider the same within a period of three months.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
MURALI PURUSHOTHAMAN JUDGE rkj OP(KAT) NO.164 OF 2016 6 2024:KER:73281 APPENDIX OF OP(KAT) 164/2016 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE O.A 139/2012 ALONG WITH ANNEXURE-A1 TO A21 FILED BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. ANNEXURE A1 LETTER NO.G4-11576/03/DME DATD 15.01.2005.
ANNEXURE A2 GO(RT).NO.1072/05/H&FWD DATED 11.04.2005.
ANNEXURE A3(A) LEAVE APPLICATION WITH MC DATED 14.06.2005.
ANNEXURE A3(B) LEAVE APPLICATION WITH MC DATED 24.06.2005.
ANNEXURE A3(C) LEAVE APPLICATION WITH MC DATED 22.11.2005.
ANNEXURE A4 ORDER NO.E1/1014/05/DCK DATED 02.12.2005.
ANNEXURE A5 FITNESS CERTIFICATE DATED 02.12.2005. ANNEXURE A6 APPLICATION/REPRESENTATION FOR VRS DATED 05.07.2004.
ANNEXURE A7 APPLICATION/REPRESENTATION FOR VRS DATED 12.12.2005.
ANNEXURE A8 REPRESENTATION FOR REGULARISATION OF SERVICE DATED 02.11.2005.
ANNEXURE A9 MEMO OF CHARGES AND STATEMENT OF ALLEGATION NO.12656/B1/07/H&FWD DATED 16.5.2007.
ANNEXURE A10 LETTER NO.G4-17277/04/DME DATED 25.07.2007.
OP(KAT) NO.164 OF 2016 7
2024:KER:73281 ANNEXURE A11 STATEMENT OF DEFENCE DATED 08.08.2007. ANNEXURE A12 GO(RT).NO.3715/2007/H&FWD DATED 01.11.2007.
ANNEXURE A13 COPY OF THE ENQUIRY REPORT DATED 21.03.2008.
ANNEXURE A14 SHOW CAUSE NOTICE NO.12656/B1/2007/H&FWD DATED 13.08.2008.
ANNEXURE A15 REPLY DATED 17.09.2008 TO SHOW CAUSE NOTICE.
ANNEXURE A16 REPLY DATED 24.10.2008 TO SHOW CAUSE NOTICE.
ANNEXURE A17 GO(MS).NO.210/2009/H&FWD DATED 30.06.2009.
ANNEXURE A18 COPY OF THE APPEAL PETITION/REVIEW-
REPRESENTATION DATED 05.08.2009. ANNEXURE A19 COPY OF THE REPRESENTATION DATED 24.04.2010.
ANNEXURE A20 COPY OF THE REPRESENTATION DATED 16.09.2011.
ANNEXURE A21 ACKNOWLEDGEMENT LETTER NO.13576/11/CM DATED 24.09.2011.
ANNEXURE A22 TRUE COPY OF THE GOVERNMENT ORDER NO.46394/B1/11/H&FWD DATED 25.02.2012. Exhibit P1(a) TRUE COPY OF M.A.322/2012 IN O.A 139/2012 PRODUCING ANNEXURE-A22 FILED BEFORE THE HONOURABLE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. Exhibit P1(b) TRUE COPY OF THE AMEND APPLICATION M.A.NO. 418/2012 IN O.A 139/2012 FILED OP(KAT) NO.164 OF 2016 8 2024:KER:73281 BEFORE THE HONOURABLE ADMINISTRATIVE TRIBUNAL, ERNAKULAM Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT IN O.A 139/2012 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE ORDER DATED 28/07/2016 IN O.A 139/2012 PASSED BY THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHPAURAM