A Balakrishnan vs Union Of India
2022 Latest Caselaw 5837 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.

     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.

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

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

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