State Of Kerala vs Sathyapalan K.K
2023 Latest Caselaw 9638 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                       OP(KAT) NO. 382 OF 2023
   AGAINST THE ORDER OA (EKM) 895/2022 OF KERALA ADMINISTRATIVE
                     TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-
          OPERATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
          695001

    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          KERALA STATE, THIRUVANANTHAPURAM 695 001, PIN - 695001

    3     DEPARTMENTAL PROMOTION COMMITTEE (HIGHER)
          REPRESENTED BY ITS CONVENOR/SECRETARY, DEPARTMENT OF
          CO-OPERATION, SECRETARIAT , THIRUVANANTHAPURAM, PIN -
          695001

          BY ADV GOVERNMENT PLEADER



RESPONDENTS:

    1     SATHYAPALAN K.K
          AGED 54 YEARS
          AGED 54, S/O. CHANDRAN E.V , JOINT DIRECTOR/CONCURRENT
          AUDITOR, KERALA STATE CO-OPERATIVE BANK, KOZHIKODE
          REGION, KOZHIKODE, RESIDING AT KOYADANKARATH HOUSE,
          CHUZHALI P.O, SREEKANDAPURAM (VIA) KOZHIKODE 670 631
          PHONE 8547161005, PIN - 670631

    2     P. SHAJI
          ADDITIONAL REGISTRAR (PLANNING AND ICDP) OFFICE OF THE
          REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM
          695 001, PIN - 695001

    3     SONIA SOMAN T
          ADDITIONAL REGISTRAR (CONSUMER), OFFICE OF THE
 OP(KAT) NO. 382 OF 2023         2

            REGISTRAR OF CO-OPERATIVE SOCIETIES,
            THIRUVANANTHAPURAM-695014, PIN - 695014

            BY ADVS.
            SWATHI KUMAR B.S.
            ANITHA RAVINDRAN(K/296/1990)
            HARISANKAR N UNNI(K/256/2016)




      THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 OP(KAT) NO. 382 OF 2023               3


                                JUDGMENT

A.Muhamed Mustaque, J

This Original Petition is filed by the State aggrieved by a direction of

the Kerala Administrative Tribunal directing official respondents to

complete departmental proceedings against the 1 st respondent herein

within two months and thereafter to consider his claim for declaration of

probation within a further period of one month. The order of the Tribunal

was rendered as early as on 17.02.2023, more than six months have been

lapsed. We do not know why the State has filed this Original petition,

especially when no adverse orders have been passed. If the declaration of

probation of the 1st respondent cannot be considered, that issue can also be

answered with reference to departmental outcome or departmental

enquiry. We find no infirmity or jurisdictional error committed by Kerala

Administrative Tribunal in issuing those directions.

Therefore, this Original Petition fails and the same is accordingly

dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE SVP

APPENDIX OF OP(KAT) 382/2023

PETITIONER ANNEXURES

AnnexureA1 TRUE COPY OF THE ORDER NO.RCS/7/2020EB(1) DATED 28.05.2020 ISSUED BY THE 1ST RESPONDENT.

AnnexureA2 TRUE COPY OF THE REQUEST NO.JD6/2020/KANNUR REGION DATED 29.01.2021 SUBMITTED BY THE APPLICANT ALONG WITH PROFORMA

AnnexureA3 TRUE COPY OF THE REQUEST NO. JD 6/2020/KZD DATED 19.03.2021 FILED BY THE APPLICANT

AnnexureA4 TRUE COPY OF THE COMMUNICATION NO.E.B(5)4507/2021 DATED 05.08.2021 OF THE 2ND RESPONDENT

AnnexureA5 TRUE COPY OF THE FINAL SENIORITY LIST OF GAZETTE OFFICERS OF CO-OPERATIVE DEPARTMENT AS ON 01.07.2020

AnnexureA6 TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF GAZETTE OFFICERS OF CO-OPERATIVE DEPARTMENT AS ON 01.07.2021

AnnexureA7 TRUE COPY OF THE NOTIFICATION NO.A1/25/2021/CO-OP DATED 05.05.2022 OF THE 1ST RESPONDENT

AnnexureA8 TRUE COPY OF THE ORDER NO. G.O(RT) NO.

413/2022/CO-OP DATED 1706-2022 OF THE 1ST RESPONDENT

AnnexureA9 TRUE COPY OF THE PROCEEDINGS NO.

RCS/04/2022-EB(1) DATED 20.06.2022 OF THE 2ND RESPONDENT.

AnnexureR2(a) TRUE COPY OF THE LETTER NO. EB(5) 429/2021 DATED 07.06.2021 ISSUED BY 2ND RESPONDENT TO 1ST RESPONDENT

AnnexureR2(b) TRUE COPY OF THE CHARGE MEMO NO.A1/114/2020 CO-OP DATED 25.05.2021 BY THE 1ST RESPONDENT.

AnnexureR2(c) TRUE COPY OF THE SHOW CAUSE NOTICE NO.A1/114/2020/CO-OP DATED 22.03.2022 ISSUED BY THE 1ST RESPONDENT

ExhibitP1 TRUE COPY OF THE O.A.NO.895/2022 DATED 21.06.2022

ExhibitP2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT DATED 21.11.2022

ExhibitP3 CERTIFIED COPY OF THE ORDER DATED 17.02.2023 IN OA(EKM)NO.895/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM.

ExhibitP4 TRUE COPY OF THE LETTER NO.V(1) 1985/2020 DATED 07.02.2022 ISSUED BY THE 2ND PETITIONER.

ExhibitP5 TRUE COPY OF THE LETTER NO.114/20 CO-OP DATED 12.08.2022