Sajitha.P.S vs The Disciplinary Authority ...
2023 Latest Caselaw 11428 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                        WP(C) NO. 14011 OF 2023

PETITIONER :-

           SAJITHA.P.S, AGED 40 YEARS
           W/O.MUJEEB, BENCH CLERK GRADE -I
           ADDITIONAL DISTRICT AND SESSIONS COURT-III,
           MAVELIKKARA., ALAPPUZHA DISTRICT, PIN - 690101

           BY ADVS.
           G.HARIHARAN
           PRAVEEN.H.
           K.S.SMITHA
           V.R.SANJEEV KUMAR
           GENTLE C.D.
           BIJOY SAM GEORGE


RESPONDENTS :-

     1     THE DISCIPLINARY AUTHORITY (HON'BLE DISTRICT JUDGE)
           DISTRICT COURT, ALAPPUZHA, PIN - 688013

     2     ADDITIONAL DISTRICT & SESSIONS JUDGE III
           ADDITIONAL DISTRICT COURT, MAVELIKKARA,
           ALAPPUZHA, PIN - 690101

     3     THE REGISTRAR (DISTRICT JUDICIARY),
           HON'BLE HIGH COURT OF KERALA, ERNAKULAM - 682031

           BY ADVS.
           HARINDRANATH B G, SC
           AMITH KRISHNAN H.(K/000666/2015)
           M.GOPIKRISHNAN(K/000841/2017)
           LEJO JOSEPH GEORGE(K/357-C/2017)
           SMT.PRINCY XAVIER, SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION         ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14011 OF 2023
                                              2



                                         JUDGMENT

This writ petition is filed seeking to quash Ext.P9 order issued by the

first respondent, reverting the petitioner to a lower rank as the junior most

Bench Clerk and for further direction for the first respondent to reconsider

the matter.

2. When the matter is taken up for consideration, it is pointed out

by the learned counsel appearing for the respondents that an appeal

preferred by the petitioner challenging the order of reversion has been

disposed of by Ext.R3(a) order. The punishment of reduction to a lower

rank in the seniority list was set aside, and the same was limited to bar of

two increments with a cumulative effect. It is also submitted that the

petitioner has preferred a review petition before the Government invoking

Rule 34 of the Civil Services (C.C &A) Rules, 1960 and the same is

pending.

3. The learned counsel appearing for the petitioner submits that in

view of the subsequent turn of events, this petition can be closed,

reserving the right to prosecute the review petition.

In view of the above submission, this petition is closed, reserving

the right of the petitioner to pursue the review petition.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE SMA WP(C) NO. 14011 OF 2023

APPENDIX OF WP(C) 14011/2023

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE DO LETTER NO.2114/2021 DATED 08.12.2021 SENT BY THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 09.12.2021 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMERY DATED 06.12.2021 ISSUED BY THOTTAPPALLY MATHERI MEDICAL MISSION HOSPITAL

Exhibit P4 TRUE COPY OF THE MEMO OF CHARGES NO.C-8802/2021 DATED 23.02.2022 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE ENQUIRY OFFICER

Exhibit P5 TRUE COPY OF THE EXPLANATION DATED 07.03.2022 SUBMITTED BY THE PETITIONER AGAINST THE MEMO OF CHARGES RECEIVED BY HER

Exhibit P6 TRUE COPY OF THE NOTICE DATED 28.11.2022 ISSUED BY FIRST RESPONDENT AGAINST THE PETITIONER ALONG WITH A COPY OF ENQUIRY REPORT DATED 12.10.2022 ISSUED BY THE ENQUIRY OFFICER NAMELY SPECIAL JUDGE FAST TRACK SPECIAL COURT HARIPAD

Exhibit P7 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.01.2023 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER

Exhibit P8 TRUE COPY OF THE REPLY DATED 20.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT

Exhibit P9 TRUE COPY OF THE ORDER DATED 08.03.2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF THE ARGUMENT NOTES SUBMITTED ON BEHALF OF THE PETITIONER THROUGH HER ADVOCATE ON 13.09.2022 BY THE 1ST RESPONDENT WP(C) NO. 14011 OF 2023

RESPONDENT EXHIBITS :-

Exhibit R3(a) A true copy of order of the High Court dated 24-07-2023