Gitty N.R. vs The State Of Kerala
2021 Latest Caselaw 6678 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                  &

                  THE HONOURABLE MR.JUSTICE K. BABU

  THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                        OP(KAT).No.62 OF 2021

    ARISING OUT OF O.A.NO.1064/2020 OF KERALA ADMINISTRATIVE
                  TRIBUNAL, THIRUVANANTHAPURAM

PETITIONER:

               GITTY N.R., AGED 45 YEARS,
               S/O.N.K.RAJU, NADAKKAVIL HOUSE,
               PALLAM P.O., KOTTAYAM,
               LOWER DIVISION CLERK (UNDER TERMINATION),
               MEDICAL COLLEGE HOSPITAL-OFFICE, KOTTAYAM.

               BY ADVS.SRI.GEORGE SEBASTIAN,
               SRI.ARUN LUCKOSE ABRAHAM

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
               HEALTH AND FAMILY DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695 001.

      2        THE DIRECTOR OF MEDICAL EDUCATION
               DIRECTORATE OF MEDICAL EDUCATION,
               MEDICAL COLLEGE P.O.,
               THIRUVANANTHAPURAM, KERALA - 695 011.

      3        PRINCIPAL, GOVERNMENT MEDICAL COLLEGE
               KOTTAYAM, GANDHI NAGAR P.O., KOTTAYAM,
               KERALA - 686 008.

      4        THE SENIOR ADMINISTRATIVE OFFICER
               OFFICE OF THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM,
               GANDHI NAGAR P.O., KOTTAYAM, KERALA - 686 008.

               SRI.ANTONY MUKKATH, SR.GOVT.PLEADER

     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                         ALEXANDER THOMAS & K.BABU, JJ.
              --------------------------------------------------------------------
                                 O.P.(KAT) No. 62 of 2021
                   (arising out of O.A. No. 1064 of 2020 on the file of
                         the KAT, Thiruvananthapuram Bench)
              ------------------------------------------------------------------
                        Dated this the 25th day of February, 2021

                                     JUDGMENT

The prayers in the afore captioned Original Petition (KAT)

filed under Articles 226 & 227 of the Constitution of India are as follows:

"

i. To direct the Hon'ble Kerala Administrative Tribunal, Thiruvananthapuram, to dispose of Exhibit P1 (O.A.No.1064/2020) and Exhibit P23 (M.A.No.487/2021 in O.A.No.1064/2020) within a short time to be fixed by this hon'ble Court.

ii. Such other reliefs as this Hon'ble Court deems fit."

2. Heard Sri.George Sebastian, learned counsel appearing for the

petitioner and Sri.Antony Mukkath, learned Senior Government Pleader

appearing for the respondents.

3. After hearing both sides, we are quite sure that the Tribunal,

which is a high powered adjudicative body constituted in terms of a

legislation framed in accordance with the enabling provisions contained in

Articles 323A of the Constitution of India, would certainly examine the

plea of the original applicant for amendment of his pleadings as made out

in Ext.P-23 M.A.No. 487/2021 in O.A. No. 1064/2020, without much

delay. Thereafter there are no reasons for us to hold that the Tribunal will

not take all reasonable endeavours possible in these circumstances to O.P.(KAT) No. 62 of 2021

..3..

ensure the early disposal of O.A. No. 1064/2020, subject to granting

reasonable time to the parties concerned to complete their pleadings

etc within a time frame that is reasonable and fair to both sides, and

also taking note of the due interest involved in the administration of

justice. This we say so as we are now apprised by Sri.Antony

Mukkath, learned Senior Government Pleader appearing for the

respondents that, even going by the pleadings of the petitioner

contained in this O.P., the case is now posted before the Tribunal on

22.3.2021.

4. The Registry will forward a copy of this judgment

to the Kerala Administrative Tribunal, Thiruvananthapuram Bench,

which is dealing with O.A. No. 1064/2020 for necessary information.

With these observations and directions, the above

Original Petition (KAT) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

K.BABU, JUDGE

MMG O.P.(KAT) No. 62 of 2021

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM OF O.A.NO.1064/2020 DATED 26/06/2020 ALONG WITH ITS ANNEXURES OF HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.

ANNEXURE A1 THE TRUE COPY OF THE REPRESENTATION, DATED 27/04/2015 BY THE APPLICANT TO THE 3RD RESPONDENT.

ANNEXURE A2 THE TRUE COPY OF THE REPRESENTATION, DATED 29/08/2016 TO THE 4TH RESPONDENT BY THE APPLICANT.

ANNEXURE A3 THE TRUE COPY OF THE REPRESENTATION, DATED 17/12/2016 TO THE 3RD RESPONDENT BY THE APPLICANT.

ANNEXURE A4 THE TRUE COPY OF THE REPRESENTATION DATED 26/06/2019 TO THE 2ND RESPONDENT.

ANNEXURE A5 THE TRUE COPY OF THE ORDER DATED 16/10/2019 IN O.A.NO.2053 OF 2019 PASSED BY THIS HON'BLE TRIBUNAL.

ANNEXURE A6 THE TRUE COPY OF THE NO.E1/38242/2017/DMF, DATED 13/03/2020 PASSED BY THE 4TH RESPONDENT.

ANNEXURE A7 THE TRUE COPY OF THE ORDER DATED 28/03/2019 IN O.A.NO.77/2019 PASSED BY THIS HONOURABLE TRIBUNAL.

EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT ALONG WITH ITS ANNEXURES IN O.A.NO.1064/2020.

ANNEXURE R2(A) TRUE COPY OF THE PROCEEDINGS NO.E1/38242/2017/DME DATED 15/12/2020. O.P.(KAT) No. 62 of 2021

..5..

EXHIBIT P3 A TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN O.A.NO.1064/2020 OF HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.

EXHIBIT P4 A TRUE COPY OF THE SUSPENSION ORDER DATED 02/11/2012 PASSED BY THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 23/01/2013 PASSED BY THE 4TH RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 06/01/2017 PASSED BY THE 3RD RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE CHARGE MEMO DATED 08/02/2017.

EXHIBIT P8 A TRUE COPY OF THE STATEMENT OF ALLEGATIONS DATED 08/02/2017.

EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 25/05/2017 IN O.A.(EKM) NO.814/2017.

EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 23/11/2017 PASSED BY THE 1ST RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 03/12/2018 IN CRL.M.C.NO.5072/2018.

EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 06/08/2018 IN CRL.M.C.NO.5082/2018.

EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 09/08/2018 PASSED BY THE 3RD RESPONDENT.

EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 20/08/2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P15 A TRUE COPY OF THE ORDER DATED 08/03/2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 27/03/2019 PASSED BY THE 2ND RESPONDENT.

EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 28/03/2019 IN O.A.NO.77/2019.

O.P.(KAT) No. 62 of 2021

..6..

EXHIBIT P18 A TRUE COPY OF THE ORDER DATED 13/03/2020 PASSED BY THE 4TH RESPONDENT.

EXHIBIT P19 A TRUE COPY OF THE SHOWCAUSE NOTICE DATED 23/09/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P20 A TRUE COPY OF THE REPLY DATED 20/10/2020.

EXHIBIT P21 A TRUE COPY OF THE ORDER OF TERMINATION DATED 15/12/2020 PASSED BY THE 2ND RESPONDENT.

EXHIBIT P22          A TRUE COPY OF THE INFORMATION OBTAINED
                     FROM    THE   WEBSITE    ON THE  KERALA
                     ADMINISTRATIVE TRIBUNAL.

EXHIBIT P23          A   TRUE   COPY   OF   M.A.NO.487/2021   IN
                     O.A.NO.1064/2O20     OF      THE     KERALA

ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 16/02/2021.

ANNEXURE A8 TRUE COPY OF THE SHOW CAUSE NOTICE NO.E1/38242/2017/DME, DATED 23/09/2020 BY THE 1ST RESPONDENT.

ANNEXURE A9 TRUE COPY OF THE LETTER NO.GM.C.K.T.M./2289/2020, DATED 07/10/2020.

ANNEXURE A10 TRUE COPY OF THE ORDER NO.E1/38242/2017/DME DATED 15/12/2020 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE A11 TRUE COPY OF THE ORDER NO.GMCKTM/2289/2020-

E2 DATED 16/12/2020.

ANNEXURE A12 TRUE COPY OF THE ORDER NO.GMCHK/3256/2020-

E1, DATED 16/12/2020.