Kerala High Court
Roy M.V vs State Of Kerala , Represented By The ... on 6 February, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
OP(KAT) NO. 23 OF 2024
AGAINST THE JUDGMENT DATED 09.01.2024 IN OA (EKM)
1645/2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER/APPLICANT IN OA:
ROY M.V., AGED 54 YEARS, S/O. VASUDEVAN, SPECIAL
VILLAGE OFFICER, ALUVA EAST VILLAGE, CHOONDI,
ERNAKULAM DISTRICT, (RETD) RESIDING AT
ELANJISTHANATHU HOUSE, KALAVAMKODAM PO,
CHERTHALA, ALAPPUZHA, PIN - 688 324
BY ADV O.D.SIVADAS
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA , REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695 033
2 THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE
BUILDINGS, MUSEUM PO, THIRUVANANTHAPURAM, PIN-
695 033.
3 THE ACCOUNTANT GENERAL (A&E),
KERALA, OFFICE OF THE ACCOUNTANT GENERAL,
THIRUVANANTHAPURAM, PIN - 695 001
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P. (KAT)No.23 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The petitioner retired from service as Special Village
Officer on 28.02.2023. He has been proceeded with
disciplinary action and is getting provisional pension. The
Kerala Administrative Tribunal, as per order dated
09.01.2024, ordered conclusion of disciplinary proceedings
within six months. Dissatisfied with the order of the Tribunal,
the petitioner has approached this Court.
2. The petitioner's prayers before the Tribunal were
to regularize the period of suspension and to sanction and
disburse the DCRG, commuted value of pension, other
terminal benefits, service benefits etc. The Tribunal had given
direction to complete the disciplinary proceedings in a time
bound manner in the light of the fact that disciplinary action
is pending against the petitioner.
3. Considering the fact that the petitioner retired
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from service on 28.02.2023, we direct the respondents to
conclude the proceedings within a period of three months
from today.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
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APPENDIX OF OP(KAT) 23/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER NO.DCEKM/
4697 /2019- E4 DATED 21.10.2019 ISSUED
BY THE DEPUTY COLLECTOR, ERNAKULAM TO
THE APPLICANT.
Annexure A2 A TRUE COPY OF THE REPLY TO SHOW CAUSE
NOTICE DATED 3.12.2019 SUBMITTED BY
THE APPLICANT.
Annexure A3 A TRUE COPY OF THE ORDER NO.DCEKM/
4697 /2019- E4 DATED 24.07.2021 ISSUED
BY THE 3RD RESPONDENT
Annexure A4 A TRUE COPY OF THE ORDER DATED
20.3.2023 IN OA (EKM) NO.1142/2021 ON
THE FILES OF THIS HON'BLE TRIBUNAL.
Annexure A5 : A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE APPLICANT BEFORE THE
DISTRICT COLLECTOR DATED 21.7.2023.
Annexure A6 A TRUE COPY OF THE REQUEST DATED 11.08
.2023 SUBMITTED BY THE APPLICANT
BEFORE THE DISTRICT COLLECTOR,
ERNAKULAM ALONG WITH THE
ACKNOWLEDGEMENT
Annexure A7 TRUE COPY OF THE PENSION PAYMENT ORDER
BEARING APPLICATION NO. 10231616774
AND PPO NO. 1123284143 DATED 8/9/2023
ISSUED BY THE 4TH RESPONDENT
Annexure A 8 : TRUE COPY OF THE VERIFICATION REPORT
BEARING NO.PR 21023224265 DATED
12.9.2023 ISSUED BY THE SENIOR
ACCOUNTANT OFFICER OF INDIAN AUDIT AND
ACCOUNTS DEPARTMENT.
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Exhibit p1 TRUE COPY OF OA (EKM) NO.1645/2023
FILED BEFORE THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL
Exhibit P2 TRUE COPY OF THE ORDER DATED 9.1.2024
IN OA(EKM) NO.1645/2023 ON THE FILES
OF THE HON'BLE TRIBUNAL.
