Balachandran P vs State Of Kerala
2024 Latest Caselaw 15553 Ker

Kerala High Court

Balachandran P vs State Of Kerala on 6 June, 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
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                        OP(KAT) NO. 183 OF 2024
        OA NO.2175 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
                          THIRUVANANTHAPURAM
PETITIONER/APPLICANT :

             BALACHANDRAN P
             AGED 54 YEARS
             S/O. P. PARAMESWARAN NAIR,
             SREE SADAN, TC 27/1311,
             RISHIMANGALAM, VANCHIYOOR,
             THIRUVANANTHAPURAM, PIN - 695035
             BY ADV SHABU SREEDHARAN


RESPONDENTS/RESPONDENTS :

    1        STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY,
             GOVT. SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
    2        THE PRINCIPAL SECRETARY
             AGRICULTURE DEVELOPMENT AND FARMERS WELFARE DEPT.,
             GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    3        THE DIRECTOR
             DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN P.O.,
             THIRUVANANTHAPURAM, PIN - 695033
    4        THE DIRECTOR
             DIRECTORATE OF STATE HORTICULTURE MISSION,
             PALAYAM P.O., THIRUVANANTHAPURAM, PIN - 695033
    5        THE MANAGING DIRECTOR
             KERALA STATE HORTICULTURAL PRODUCT DEVELOPMENT
             CORPORATION LTD, HORTICORP, POOJAPPURA P.O.,
             THIRUVANANTHAPURAM, PIN - 695012
             BY SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(KAT)No.183 of 2024
                                              2

                                    JUDGMENT

A.Muhamed Mustaque, J.

The petitioner has approached this Court seeking the

following reliefs;

"1. To direct the KAT, Thiruvananthapuram to dispose of Exhibit-P1 OA within a timeframe.

2. And to pass such other appropriate orders or directions which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice."

2. We may not be justified in issuing a direction to the

KAT to dispose the matter within a time fixed by us. It is for the

petitioner to urge before the Tribunal about the urgency and the

need to dispose the case at the earliest. We are sure that such an

application is filed by the petitioner before the Tribunal and the

Tribunal shall take up and dispose the matter at the earliest.

With the above observation, this original petition stands

disposed of.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE rkj

APPENDIX OF OP(KAT) 183/2024

PETITIONER ANNEXURES Annexure-A1 THE TRUE COPY OF G.O.(RT) NO.

339/2018/AGRI DATED 12.4.2018 ISSUED BY THE 2ND RESPONDENT Annexure-A2 THE TRUE COPY OF THE LETTER NO. SVC(1) 35230/16 DATED 17.8.2017 ISSUED BY THE VIGILANCE OFFICER(FINANCE) AND SECRETARY TO THE 2ND RESPONDENT ALONG WITH THE ENQUIRY REPORT Annexure-A3 THE TRUE COPY OF THE LETTER NO. V1G-

B2/593/2017-VIG DATED 31.3.2018 ISSUED BY THE ADDL. CHIEF SECRETARY TO THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU Annexure-A4 THE TRUE COPY OF THE MEMO OF CHARGES NO.

2407082/EA3/2018/AGRI DATED 22.10.2018 ISSUED BY THE 2ND RESPONDENT ALONG WITH STATEMENT OF ALLEGATION Annexure-A5 THE TRUE COPY OF THE EXPLANATION SUBMITTED BY THE APPLICANT DATED 8.11.2018 Annexure-A6 THE TRUE COPY OF GO(RT) NO. 61/2019/AGRI DATED 17.1.2019 OF THE 2ND RESPONDENT Annexure-A7 THE TRUE COPY OF FORMAL ENQUIRY REPORT BY SMT.BRENDA VALENTINE ARANHA (JOINT DIRECTOR OF AGRICULTURE) DATED 30.5.2019 ALONG WITH ANNEXURES Annexure-A8 THE TRUE COPY OF SHOW CAUSE NOTICE NO.

EA3/2407082/2018/AGRI DATED. 5.3.2020 ISSUED BY THE 2ND RESPONDENT Annexure-A9 THE TRUE COPY OF THE EXPLANATION SUBMITTED BY THE APPLICANT DATED 15.6.2020 Annexure-A10 THE TRUE COPY OF THE LETTER NO.

SVC(1)31687/2018 DATED 15.1.2021 ISSUED BY THE 3RD RESPONDENT TO THE APPLICANT Annexure-A11 THE TRUE COPY OF SECOND SHOW CAUSE NOTICE NO. EA3/72/2020/AGRI DATED 22.3.2021 ISSUED BY THE 2ND RESPONDENT Annexure-A12 THE TRUE COPY OF GO (RT) NO.

1039/2021/AGRI DATED 19.12.2021 ISSUED BY THE 2ND RESPONDENT

Annexure-A13 THE TRUE COPY OF THE GO (RT) NO.

302/2022/AGRI DATED. 9.4.2022 ISSUED BY THE 2ND RESPONDENT Annexure-A14 THE TRUE COPY OF THE NOTICE NO.

SVC(1)34687/16 DATED 28.6.2022 ISSUED BY THE VIGILANCE OFFICER, FINANCE TO THE APPLICANT Annexure-A15 THE TRUE COPY OF THE NOTICE NO.

SVC(1)34687/16 DATED 22.9.2022 ISSUED BY THE VIGILANCE OFFICER, FINANCE TO THE APPLICANT Annexure-A16 THE TRUE COPY OF GO (RT) 571/2023/AGRI DATED 10.6.2023 ISSUED BY THE 2ND RESPONDENT Annexure-A17 THE TRUE COPY OF THE LETTER NO.AGRI-

EA1/79/2023/AGRI DATED 11.9.2023 ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT Annexure-A18 THE TRUE COPY OF THE FORWARDING LETTER QV-18/15/SIU-II DATED 7.8.2017 ISSUED BY SHRI. K.JAYAKUMAR, SUPERINTENDENT OF POLICE TO THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU ALONG WITH ENQUIRY REPORT Annexure-A19 THE TRUE COPY OF THE FORWARDING LETTER NO.E18(VE/1/18/KSD) 10157/2018 DATED 30.11.2019 ALONG WITH INFORMATION ISSUED BY THE VIGILANCE AND ANTI CORRUPTION BUREAU TO THE ADDITIONAL CHIEF SECRETARY Exhibit-P1 THE TRUE COPY OF THE MEMORANDUM OF OA NO.

2175/2023 FILED BEFORE THE KAT, THIRUVANANTHAPURAM Exhibit-P2 THE TRUE COPY OF MA SEEKING TO CONDONE THE DELAY IN FILING THE OA Exhibit-P3 THE TRUE COPY OF THE INTERIM ORDER IN OA NO. 2175/2023 DATED 8.12.2023 Exhibit-P4 THE TRUE COPY OF THE CASE STATUS TAKEN FROM THE OFFICIAL WEBSITE OF KAT, THIRUANANTHAPURAM IN RESPECT OF OA NO.