P Arumughan vs State Of Kerala
2022 Latest Caselaw 9458 Ker

             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.
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                      OP(KAT) NO. 288 OF 2022
        AGAINST THE ORDER/JUDGMENT IN RA 1/2022 OF KERALA
           ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT IN THE R.A AND O.A.:

             P ARUMUGHAN, AGED 62 YEARS
             SON OF KARUNAKARAN, RETIRED SPECIAL DUTPY COLLECTOR
             (LA/NH), THRIUVANANTHAPURAM-695 035, RESIDING AT
             PARAKANDI, EDAPATTY,
             KALPETTA NORTH P.O.,
             WAYANAD, KERALA, PIN - 673122
             BY ADVS.
             REKHA VASUDEVAN
             P.PRATHYUSHA
             ROJIT ZACHARIAH
RESPONDENTS/RESPONDENTS NO.1 TO 4 IN THE R.A. AND O.A.:

    1        STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
             REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
             KERALA, PIN - 695001
    2        COMMISSIONER OF LAND REVENUE
             COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
             BUILDINGS, THIRUVANANTHAPURAM,
             KERALA, PIN - 695033
    3        THE ACCOUNTANT GENERAL (A&E)
             AG'S OFFICE COMPLEX, CANTONMENT STATION ROAD, STATUE,
             PALAYAM, THIRUVANANTHAPURAM,
             KERALA, PIN - 695001
    4        THE DISTRICT COLLECTOR
             2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD,
             THIRUVANANTHAPURAM, KERALA, PIN - 695043


             BY SR. GP SRI.B UNNIKRISHNA KAIMAL
     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT)No.288 of 2022
                                        :2:



      A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
            ------------------------------------------------------------------
                               OP(KAT)No.288 of 2022
                           --------------------------------------------
                     Dated this the 25th day of August, 2022

                                   JUDGMENT

Mohammed Nias.C.P.J.

This original petition is filed challenging the order dated

3.3.2022 of the Kerala Administrative Tribunal dismissing the review

application filed by the petitioner. The applicant sought a review of

the final order passed by the Tribunal in OA(EKM) 842 of 2017 dated

12.6.2018 on the ground that the Tribunal had not considered the

reliefs sought by the petitioner to set aside Annexure A1 memo of

charges and statement of allegations. Eventhough the Tribunal had

set aside Annexure A5 show cause and Annexure A6 proceedings,

which directed reduction in the pension of the applicant, the said

order of the Tribunal was challenged before the High Court in

OP(KAT)No.370 of 2021 by the review petitioner, in which the

judgment was rendered on 22.12.2021. The Tribunal found that

before the Hon'ble High Court in the original petition, OP(KAT)370 of

2021, a prayer was sought by the petitioner to set aside Ext.P2 order

dated 12.06.2018 of the Tribunal to the extent it did not set aside

Annexure A1 memo of charges. Ext.P5 order mentioned therein was

the order passed by the Tribunal in OP (EKM) No.842 of 2017. Thus,

the Tribunal found that the question as to whether the Tribunal was OP(KAT)No.288 of 2022

right or not in not setting aside Annexure A1 memo of charges was

not answered by the High Court in the judgment mentioned above,

though it was specifically sought. Thus, according to the Tribunal,

the consideration of the question as to whether the Tribunal in the

first place was justified in not setting aside Annexure A1 memo of

charges was raised before the High Court in the earlier occasion and

if at all the applicant has any grievance that the High Court did not

pronounce on the acceptability of Annexure A1 memo, the remedy

was to move a review against the judgment in OP(KAT) and not

before the Tribunal as the same is barred on the principles of merger.

The contention of the review petitioner that judgment of this Court

in the previous round was not a judgment on merits regarding the

maintainability or sustainability of the memo of charges was not

accepted, and the review application was dismissed as not

maintainable before the Tribunal .

Before us, the learned counsel for the petitioner submits

that as the High Court has not decided on the sustainability or

otherwise of the memo of charges referred to above though it was

raised by the petitioner, it was open to the petitioner to raise the

same before the Tribunal in a review petition. We find ourselves

unable to agree to the said contention. Having sought a prayer in the

earlier round in OP(KAT)370 of 2021 and if that was not considered

by this Court, the remedy ought to have been to file a review against

the judgment in OP(KAT) before this Court, and the filing of the OP(KAT)No.288 of 2022

review application before the Tribunal after the order has merged

with that of this Court was clearly misconceived. We do not find any

error committed by the Tribunal in dismissing the review application

filed as not maintainable. Therefore, the above OP(KAT) is dismissed

without prejudice to the right of the petitioner to seek a review

against the judgment in OP(KAT) 370 of 2021, if so advised.

The above OP(KAT) is dismissed.

Sd/-

A.K.JAYASANKARAN NAMBIAR, JUDGE Sd/-

MOHAMMED NIAS C.P., JUDGE

dlk 26.8.2022 OP(KAT)No.288 of 2022

APPENDIX OF OP(KAT) 288/2022

PETITIONER'S ANNEXURES

Annexure A1 TRUE COPY OF THE GOVERNMENT MEMO OF CHARGES NO. 8424/D2/14/RD DATED 20.03.2014 Annexure A2 TRUE COPY OF THE EXPLANATION DATED 09.06.2014 SUBMITTED BY THE APPLICANT Annexure A3 TRUE COPY OF THE GOVERNMENT SHOW CAUSE NOTICE NO. 8424/B2/14/RD DATED 10.06.2015 Annexure A4 TRUE COPY OF THE REPLY DATED 07.07.2015 SUBMITTED BY THE APPLICANT Annexure A5 TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO. 8424/B2/14/RD DATED 16.06.2016 Annexure A6 TRUE COPY OF THE REPLY DATED 25.06.2016 Annexure A7 TRUE COPY OF THE ORDER DATED 28.10.2016 IN OA(EKM) NO. 1629/2016 OF THE HON'BLE TRIBUNAL Annexure A8 TRUE COPY OF THE G.O.(RT) NO. 1581/2017/RD DATED 03.04.2017 Annexure A9 TRUE COPY OF THE FILE NO. 8424/D2/2014/RD OF THE REVENUE DEPARTMENT.

Annexure A10 TRUE COPY OF THE ORDER DATED 2.11.2016 IN OA NO. 180/00827/2016 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Annexure R1(a) COPY OF THE JUDGMENT DATED 18.12.2013 IN W.P.(C). NO. 25460 OF 2013 BY THE HON'BLE HIGH COURT Annexure R1(b) COPY OF THE PROCEEDINGS NO. FB(A)6-43708/15 DATED 15.05.2017 ISSUED BY THE 2ND RESPONDENT Annexure A11 TRUE COPY OF THE PROCEEDINGS NO.

2012/52019/11/D2/K.DIS DATED 28.09.2013 OF THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE.

Annexure A12 TRUE COPY OF THE PROCEEDING NO.

2012/52019/11/D2/K.DIS DATED 19.10.2013 OF THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE Annexure A13 TRUE COPY OF THE REWRITTEN COPY OF THE LETTER NO. 2012/52019/11/D2 DATED 26.08.2013 Annexure A14 TRUE COPY OF THE REPORT NO. D1-8318/13 DATED 05.09.2013 OF THE TAHSILDAR, KOYILANDI Annexure RA1 TRUE COPY OF THE ORDER DATED 12.06.2018 IN OA(EKM) NO. 842 OF 2017 OF THE HONOURABLE OP(KAT)No.288 of 2022

KERALA ADMINISTRATIVE TRIBUNAL Annexure RA2 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE CHIEF SECRETARY, GENERAL ADMINISTRATION DEPARTMENT IN OA 180/752/2018 ON THE FILES OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Annexure RA3 TRUE COPY OF THE PROCEEDINGS NO. FB(A6) 33922/2018 DATED 26.05.2021 ISSUED BY THE 2ND RESPONDENT Annexure RA4 TRUE COPY OF THE G.O.(RT.) NO. 3010/2021/REV DATED 08.09.2021 ISSUED BY THE 1ST RESPONDENT Annexure RA5 TRUE COPY OF THE REPRESENTATION DATED 16.11.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Annexure RA6 CERTIFIED COPY OF THE JUDGMENT DATED 22.12.2021 IN OP(KAT) NO. 370 OF 2021 OF THE HONOURABLE HIGH COURT Exhibit P1 TRUE COPY OF THE OA (EKM) NO. 842 OF 2017 ALONG WITH ANNEXURES ON THE FILES OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT IN O.A.(EKM) NO. 842 OF 2017 ON THE FILES OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P3 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT TO THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT IN OA(EKM) NO. 842 OF 2017 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 01.07.2013 IN W.P.(C). NO. 3192 OF 2013 OF THIS HONOURABLE COURT Exhibit P5 TRUE COPY OF THE ORDER DATED 12.06.2018 IN OA(EKM) NO. 842 OF 2017 OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P6 TRUE COPY OF THE REVIEW APPLICATION RA(EKM) NO. 1 OF 2022 IN OA(EKM) NO. 842 OF 2017 ON THE FILES OF THE HONOURABLE TRIBUNAL. Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 12.01.2022 IN OA(EKM) 60 OF 2022 OF THE HONOURABLE TRIBUNAL Exhibit P8 TRUE COPY OF THE ORDER DATED 03.03.2022 IN RA(EKM) NO. 1 OF 2022 IN OA(EKM) NO. 842 OF 2017 PASSED BY THE HONOURABLE TRIBUNAL