State Of Kerala vs Shari.S
2024 Latest Caselaw 16969 Ker

Kerala High Court

State Of Kerala vs Shari.S on 20 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 MR. JUSTICE S.MANU
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                        OP(KAT) NO. 254 OF 2024
AGAINST THE JUDGMENT DATED 05.12.2023 IN OA NO.2121 OF
2023          OF       KERALA        ADMINISTRATIVE          TRIBUNAL,
THIRUVANANTHAPURAM         ARISING       OUT   OF   THE   ORDER   DATED
11.01.2024 IN RA NO.1 OF 2024 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENTS 1 TO 3 IN OA:

   1         STATE OF KERALA, REPRESENTED BY THE SECRETARY,
             PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695 001

   2         THE SPECIAL SECRETARY, PUBLIC WORKS DEPARTMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
             - 695 001

   3         THE CHIEF ENGINEER, PWD (ADMINISTRATION), PUBLIC
             OFFICE, THIRUVANANTHAPURAM, KERALA., PIN - 695
             033

              BY ADV GOVERNMENT PLEADER

              B VINITHA    SR   GP



RESPONDENT/APPLICANT AND 4TH RESPONDENT IN OA:

       1      SHARI.S, AGED 51 YEARS, W/O. MANOJ RAY.D,
              WORKING AS EXECUTIVE ENGINEER PWD,KLC
              CONSTRUCTION DIVISION, VIKAS BHAVAN,
              THIRUVANANTHAPURAM, RESIDING AT MAHALAXMI TRA
              150, THEVALLY, KOLLAM, PIN - 691 009

       2      THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION,
              PATTOM, THIRUVANANTHAPURAM, PIN: 695 004,
 O.P. (KAT) No.254 of 2024

                            ..2..



           KERALA.

          BY ADVS.
          M.U.VIJAYALAKSHMI
          K.JAJU BABU (SR.)(K/116/1981)
          BRIJESH MOHAN(K/1851/1999)




      THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 O.P. (KAT) No.254 of 2024

                                   ..3..




                       JUDGMENT

A. Muhamed Mustaque, J.

In this original petition, the State questions the

interference of disciplinary proceedings by the tribunal in an

application filed by the first respondent. The first respondent

is working as Executive Engineer in the Public Works

Department. Disciplinary proceedings were initiated. Penalty

was imposed. The tribunal noted that he was not served with

enquiry report and no show cause notice was issued imposing

penalty. It is submitted that before accepting the enquiry

report, no notice was issued to him. Therefore, the tribunal

ordered that the objection raised by the first respondent

should be considered before proceeding further. Thereafter,

review petition was filed by the first respondent. The review

petition was disposed of directing the petitioner herein to

conclude the proceedings within a period of two months from

the date of the order. These orders are questioned before this

..4..

Court.

2. Taking note of the nature of the order passed, we

find no reason to interfere with the matter as the tribunal

interfered with the disciplinary proceedings only on ground of

procedural violation. The tribunal also allowed the petitioner

herein to rectify the defects and proceed further in accordance

with law. Accordingly, we dismiss the original petition.

However, we grant two months time from today to

complete the proceedings.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

S.MANU JUDGE PR

..5..

APPENDIX OF OP(KAT) 254/2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS NO.

P.W.D.F1/57/2022-PWD DATED 25.08.2022 ISSUED BY THE 1ST RESPONDENT TO THE APPLICANT.

Annexure A2 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE NO.145591/2022/O/O TRUE COPY OF WRITTEN STATEMENT OF DEFENCE NO.145591/2022/O/O CRU PWD RD DV KLM SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT DATED 12.10.2022.

Annexure A3 TRUE COPY OF THE COMPLETION CERTIFICATE NO. DB4-4981/2017 DATED 30.12.2019 SUBMITTED BY THE ASSISTANT EXECUTIVE ENGINEER.

Annexure A4 TRUE COPY OF RELEVANT PAGES OF FILE NO. 445591/2022/0/0 CRU PWD RD DV KLM APPROVED BY THE EXECUTIVE ENGINEER.

Annexure A5 TRUE COPY OF THE LETTER NO. D4- 4981/2018 DATED 05.09.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD (ROADS DIVISION), KOLLAM

Annexure A6 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DATED 1-3-2021 TO THE ORIGINAL AGREEMENT NO. 62/EE/2018-19 DATED 28-7-2018 EXECUTED BY THE EXECUTIVE ENGINEER

Annexure A7 TRUE COPY OF ACCEPTED SCHEDULE NO.

DB4-4981/2017 DATED NIL, ACCEPTED BY THE EXECUTIVE ENGINEER

Annexure A8 TRUE COPY OF FORMAL ENQUIRY REPORT NO.

SESCRD/735/2023-F1-PWD DATED 18-07-

..6..

2023 OF THE SUPERINTENDING ENGINEER

Annexure A9 TRUE COPY OF THE LETTER NO.

CEPWD/11583/2023 RTI1(GEN)-AD DATED

OF THE DPC.

Annexure A10 TRUE COPY OF SHOW CAUSE NOTICE NO.

PWD- F1/57/2022-PWD DATED 10-10-2023 ISSUED BY THE 1ST RESPONDENT TO THE APPLICANT

Annexure A11 TRUE COPY OF DEFENCE STATEMENT SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT DATED 08.11.2023.

Annexure A11(a) TRUE COPY OF POSTAL RECEIPT NO. KL 2959321861N DATED 9-11-2023 RELATING TO THE DEFENCE STATEMENT

Annexure A12 TRUE COPY OF RELEVANT PAGES OF JUDGMENT DATED 22-11-2001 IN STATE OF KERALA VS. VENUGOPAL (2002 KHC 33)

Annexure A13 TRUE COPY OF RELEVANT PAGES OF THE JUDGEMENT DATED 1.10.1993 OF THE HON'BLE SUPREME COURT IN MANAGING DIRECTOR, ECIL, HYDERABAD VS. B. KARUNAKAR AND OTHERS [1993(4) SCC 727]

Exhibit P1 TRUE COPY OF O.A NO.2121/2023

Exhibit P2 TRUE COPY OF ORDER PASSED BY THE TRIBUNAL IN OA NO.2121/2023 DATED 05.12.2023

Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE TRIBUNAL IN RA NO.1/2024 IN OA NO.2121/2023 ON 11.01.2024