Kerala High Court
N K Kripa vs State Of Kerala on 24 May, 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
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
OP(KAT) NO. 188 OF 2024
AGAINST THE ORDER DATED 12.04.2024 IN OA NO.621 OF 2024
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
N K KRIPA, AGED 56 YEARS, S/O KRISHNAN NAIR,
PRESENTLY WORKING AS DEPUTY COLLECTOR,
MALAPPURAM DISASTER MANAGEMENT, CIVIL STATION,
MALAPPURAM P.O, PIN- 676 505, RESIDING AT:
DEVIKRIPA, INDIRA NAGAR, KADAVANTHRA P.O,
ERNAKULAM, PIN - 682 020
BY ADV T.N.SREEKALA
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
2 THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE
BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM,
PIN - 695 033
3 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL
STATION, KAKKANAD, ERNAKULAM, PIN - 682 030
4 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL
STATION, MALAPPURAM, PIN - 676 505
5 THE DEPUTY SECRETARY, LAW DEPARTMENT (ENQUIRY
AUTHORITY), SECRETARIAT, THIRUVANANTHAPURAM, PIN
O.P.(KAT)No.188 of 2024
..2..
- 695 001
VINITHA B SR GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT)No.188 of 2024
..3..
JUDGMENT
A. Muhamed Mustaque, J.
The petitioner impugning a show cause notice
approached the Kerala Administrative Tribunal. The tribunal
refused to interfere with the matter. This is how, the
petitioner approached this Court.
2. According to the petitioner, based on the show
cause notice, without conducting further enquiry, penalty is
proposed to be imposed on him. As seen from the show cause
notice itself, the petitioner has been directed to explain as
against the proposal of demotion to a lower post.
3. If the petitioner has committed any misconduct,
without holding disciplinary proceedings, no penalty can be
imposed. Therefore, the petitioner will have to respond to the
show cause notice within period of two weeks. Thereafter,
appropriate decision can be taken against the petitioner in
accordance with law.
4. If the petitioner had committed any serious fraud
..4..
or any other manipulation of record, it is open for the official
respondents to consider initiating criminal prosecution as
well.
5. However, we make it clear that no penalty can be
imposed without holding any disciplinary action against the
petitioner in accordance with law.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
S.MANU
JUDGE
PR
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APPENDIX OF OP(KAT) 188/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CHARGE MEMO ALONG
WITH STATEMENT OF ALLEGATIONS BEARING
NO. D2/3/2023/RD DATED 28.04.2023
ISSUED BY THE 1ST RESPONDENT.
Annexure A2 TRUE COPY OF THE G.O. (RT.) NO.
3709/2023/RD, DATED 16.10.2023 ISSUED
BY THE 1ST RESPONDENT.
Annexure A3 TRUE COPY OF THE NOTICE DATED
07.11.2023 FROM THE 5TH RESPONDENT
Annexure A4 TRUE COPY OF THE STATEMENT GIVEN BY
THE APPLICANT ON 24.11.2023 BEFORE THE
5TH RESPONDENT.
Annexure A5 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
REV-D2/3/2023-REV, DATED 02.03.2024
ISSUED BY THE 1ST RESPONDENT,
Annexure A6 TRUE COPY OF THE LETTER DATED
30.03.2024 FROM THE APPLICANT
ADDRESSED TO THE 1ST RESPONDENT.
Annexure A7 TRUE COPY OF THE INQUIRY REPORT DATED
"NIL".
Annexure A8 TRUE COPY OF THE COVERING LETTER
DCEKM/5387/24-E4, DATED 01.04.2024,
FROM 3RD RESPONDENT ADDRESSED TO THE
4TH RESPONDENT
Exhibit P1 A TRUE COPY OF THE ORDER IN OA (EKM)
NO. 621 OF 2024 DATED 12.04.2024,
RENDERED BY THE LEARNED KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM (ADDITIONAL BENCH,
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ERNAKULAM
Exhibit P2 A TRUE COPY OF THE OA (EKM) NO. 621 OF
2024 DATED 10.04.2024 FILED BY
PETITIONER BEFORE THE HON'BLE KAT,
ADDITIONAL BENCH, ERNAKULAM
