State Of Kerala vs Jayachandran C
2024 Latest Caselaw 14343 Ker

Kerala High Court

State Of Kerala vs Jayachandran C on 31 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 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                    OP(KAT) NO. 545 OF 2023
   OA(EKM)NO.1633 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
                       THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 3 IN OA :

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE,
          THIRUVANANTHAPURAM -KERALA, PIN - 695001
    2     THE COMMISSIONER OF EXCISE,
          EXCISE COMMISSIONERATE, VIKAS BAHAVAN P.O.,
          NANDHAVANAM, THIRUVANANTHAPURAM-KERALA, PIN - 695033
    3     THE ADDITIONAL COMMISSIONER OF EXCISE
          (ADMINISTRATION),
          EXCISE COMMISSIONERATE, VIKAS BAHAVAN P.O.,
          NANDHAVANAM, THIRUVANANTHAPURAM-KERALA, PIN - 695033
          SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER


RESPONDENTS/APPLICANTS AND 4TH RESPONDENT IN OA :

    1     JAYACHANDRAN C,
          AGED 47 YEARS
          S/O. CHITHRAMBARAN C., ASSISTANT EXCISE INSPECTOR,
          EXCISE RANGE OFFICE, MATTANNUR, KANNUR,
          KERALA-670702, RESIDING AT RATATH HOUSE,
          THIRUVALATHUR P.O., KODUMBU, PALAKKAD-678551,
          KERALA, PIN 678551
    2     SABIN T,
          EXCISE INSPECTOR, EXCISE RANGE OFFICE,
          PEERUMEDU, IDUKKI, KERALA, PIN - 685531
          BY ADV T.R.RAJESH


     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH OP(KAT).548/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(KAT)Nos.545 and 548 of 2023
                                            2



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                            &
                          THE HONOURABLE MR. JUSTICE S.MANU
       FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                                 OP(KAT) NO. 548 OF 2023
    AGAINST THE ORDER DATED 27.11.2023 IN OA (EKM) NO.1915 OF
   2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 4 IN OA :

        1         STATE OF KERALA,
                  REPRESENTED BY THE SECRETARY TO GOVERNMENT,
                  TAXES DEPARTMENT,
                  GOVERNMENT SECRETARIAT,
                  STATUE, THIRUVANANTHAPURAM,
                  KERALA, PIN - 695001
        2         THE COMMISSIONER OF EXCISE,
                  EXCISE COMMISSIONERATE,
                  VIKAS BAHAVAN P.O., NANDHAVANAM,
                  THIRUVANANTHAPURAM,
                  KERALA, PIN - 695033
        3         THE ADDITIONAL COMMISSIONER OF EXCISE
                  (ADMINISTRATION),
                  EXCISE COMMISSIONERATE,
                  VIKAS BAHAVAN P.O.,
                  NANDHAVANAM, THIRUVANANTHAPURAM,
                  KERALA, PIN - 695033
        4         THE DIRECTOR OF VIGILANCE AND
                  ANTI-CORRUPTION BUREAU,
                  DIRECTORATE OF VIGILANCE AND
                  ANTI-CORRUPTION BUREAU,
                  THIRUVANANTHAPURAM-695033
                  SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER


RESPONDENT/APPLICANT IN OA :

                  C. SENTHIL KUMAR,
                  S/O CHANDRAN.P, AGED 39 YEARS,
                  WORKING AS ASSISTANT EXCISE INSPECTOR,
 OP(KAT)Nos.545 and 548 of 2023
                                      3

                  EXCISE RANGE OFFICE,
                  THALASSERY 670/01,
                  KANNUR DIVISION,
                  RESIDING AT THAZHATHEPPURA HOUSE,
                  PUDUKKODE, KANNUR P.O.,
                  PALAKKAD, PIN - 678702
                  BY ADVS.
                  NIRMAL V NAIR
                  ARATHI PRABHAKARAN


         THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 31.05.2024, ALONG WITH OP(KAT).545/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(KAT)Nos.545 and 548 of 2023
                                       4



                                 JUDGMENT

A.Muhamed Mustaque, J.

These original petitions were filed by the State

challenging an order of the Tribunal ordering provisional

promotion of the party respondents at the time of certain

disciplinary proceedings were pending. Now it is stated at the

bar that the disciplinary enquiry is over and the respondents in

both cases have been exonerated. In such circumstances,

there is no bar in considering respondents' promotion. Needful

shall be done to promote the respondents temporarily at the

earliest without any delay.

These original petitions are disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

S.MANU, JUDGE rkj OP(KAT)Nos.545 and 548 of 2023

APPENDIX OF OP(KAT) 545/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER OF SUSPENSION ISSUED BY THE 1ST RESPONDENT VIDE GO(RT) NO.519/2022/TAXES DATED 01.07.2022 Annexure A2 TRUE COPY OF THE REINSTATEMENT ORDER ISSUED BY THE 1ST RESPONDENT VIDE GO(RT) NO.237/2023/TAXES DATED 31.03.2023. Annexure A3 TRUE COPY OF CHARGE MEMO AND STATEMENT OF ALLEGATIONS SERVED ON THE APPLICANT BY THE 1ST RESPONDENT VIDE NO.TAXES.F2/71/2022-TD DATED 27.09.2022.

Annexure A4         TRUE COPY OF GO(RT) NO.336/2023/TAXES
                    DATED 25.05.2023
Annexure A5         TRUE COPY OF PROCEEDINGS OF THE 2ND
                    RESPONDENT              VIDE            ORDER

NO.EXC/2402/2022/XD3 DATED 04.02.2023. Annexure A6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT DATED 01.06.2023. Annexure A7 TRUE COPY OF THE JUDGMENT DATED 04.06.2010 IN WP(C) NO.35926/2009. Annexure A8 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE TRIBUNAL OA 772/2022 DATED 19.12.2022 Annexure A9 TRUE COPY OF THE ORDER OF THIS HON'BLE TRIBUNAL DATED 03.07.2023 IN OA(EKM) 1035/2023.

Annexure A10 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT VIDE ORDER NO.XD3-248635/2022 DATED 16.09.2023.

Annexure A11 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT AND ADDRESSED TO THE 2ND RESPONDENT VIDE NO.TAXES-F1/196/2023- TAXES DATED 11.09.2023.

Exhibit P1 TRUE COPY OF THE OA(EKM) NO.1633/23 Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 06.11.2023 IN OA(EKM) NO.1633/23 RESPONDENT EXHIBITS Exhibit R1(a) True copy of the interim order passed by this Hon'ble Court dated 14.07.2023 in

OP(KAT)Nos.545 and 548 of 2023

Exhibit R1(b) True copy of the amendment notification issued vide G.O(Ms)180 dated Trivandrum 30.04.1966 Exhibit R1(c) The true copy of the Amendment notification issued by the Government G.O (P) No. 26/2012/P and ARD dated 6/6/2012 Exhibit R1(d) True copy of the amendment notification issued by the Government by G.O(P)No.3/93/P and ARD dated 15.01.1993 Exhibit R1(e) True copy of the judgment of the Hon'ble Supreme Court in Grasim Industries Limited v. Collector of Customs, Bombay -

                                 (2002) 4 SCC 297
Exhibit R1(f)                    True copy of the judgment of this Hon'ble
                                 Court        dated         07.08.2018       in

Exhibit R1(g)                    True    copy    of    the     judgment   dated

30.07.2018 in OP(KAT)292/2018 Exhibit R1(h) True copy of the judgment dated 06.02.2018 in OP(KAT)No.60/2018 OP(KAT)Nos.545 and 548 of 2023

APPENDIX OF OP(KAT) 548/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER NO.XD3-248635/2020 DATED 15.05.2021 ISSUED BY THE 1ST RESPONDENT.

Annexure A2 TRUE COPY OF THE FIR DATED 20.05.2022 IN CRIME NO.6/2022 OF THE VACB, PALAKKAD DISTRICT.

Annexure A3 TRUE COPY OF THE G.O (RT) NO.412/2022/TAXES DATED 24.05.2022 ISSUED BY THE 1ST RESPONDENT.

Annexure A4 TRUE COPY OF THE ORDER NO.XD3-248635/2020 DATED 25.05.2022 ISSUED BY THE 2ND RESPONDENT.

Annexure A5 TRUE COPY OF THE ORDER NO.XD3-248635/2020 DATED 18.06.2022 ISSUED BY THE 2ND RESPONDENT.

Annexure A6 TRUE COPY OF THE CHARGE MEMO NO.TAXES F2/71/2022 TD DATED 27.08.2022 ISSUED BY THE 1ST RESPONDENT Annexure A7 TRUE COPY OF THE STATEMENT OF ALLEGATIONS NO.TAXES F2/71/2022 -TD DATED 27.08.2022 ISSUED BY THE 1ST RESPONDENT.

Annexure A8 TRUE COPY OF THE REPLY DATED 23.09.2022 SUBMITTED BY THE APPLICANT TO THE CHARGE MEMO.

Annexure A9 TRUE COPY OF THE FINAL ORDER DATED 23.02.2023 IN OA.(EKM) NO. 1294/2022 ON THE FILES OF THIS HON'BLE TRIBUNAL. Annexure A10 TRUE COPY OF THE G.O.(RT) NO.

237/2023/TAXES DATED 31.03.2023 ISSUED BY THE 1ST RESPONDENT.

Annexure A11 TRUE COPY OF THE ORDER NO.EXC/2237/2022- XE4 DATED 11.04.2023 ISSUED BY THE 2ND RESPONDENT.

Annexure A12 TRUE COPY OF THE JUDGMENT DATED 04.06.2010 IN W.P.(C)NO.35926/2009 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA.

Annexure A13 TRUE COPY OF THE JUDGMENT DATED 06.09.2011 IN W.P.(C)NO.19486/2011 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA.

OP(KAT)Nos.545 and 548 of 2023

Annexure A14 TRUE COPY OF THE REPRESENTATION DATED 05.05.2023 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT.

Annexure A15 TRUE COPY OF THE LETTER NO.TR 1/2023 DATED 05.05.2023 ADDRESSED TO THE 2ND RESPONDENT BY EXCISE INSPECTOR, THALASSERY.

Annexure A16 TRUE COPY OF THE FINAL ORDER DATED 11.07.2023 IN O.A (EKM) 724/2023 ON THE FILES OF THIS HONORABLE TRIBUNAL. Annexure A17 TRUE COPY OF THE ORDER NO.XD3-248635/20 DATED 16.09.2023 ISSUED BY THE 2ND RESPONDENT.

Annexure A18 TRUE COPY OF THE INTERIM ORDER DATED 13.11.2023 IN O.A (EKM) NO.1777/2023 ON THE FILES OF THIS HON'BLE TRIBUNAL. Exhibit P1 TRUE COPY OF THE OA(EKM) NO.1915/23 Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 27.11.2023 IN OA(EKM) NO.1915/23. RESPONDENT EXHIBITS Exhibit R1(A) A TRUE COPY OF THE ENQUIRY REPORT NO.

XVIG-175/2022 (VE 19/2022) DATED 4-6-2022 SUBMITTED BY THE EXCISE VIGILANCE OFFICER Exhibit R1(B) A TRUE COPY OF THE REQUEST DATED 29-9-2023 UNDER THE RIGHT TO INFORMATION ACT, 2005 SUBMITTED BY THE 1ST RESPONDENT BEFORE STATE PUBLIC INFORMATION OFFICER, VACB, PALAKKAD Exhibit R1(C) A TRUE COPY OF THE REPLY NO.RTI

-4214/2023/PKD DATED 20-10-2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, VACB, PALAKKAD Exhibit R1(D) A TRUE COPY OF THE G.O. (RT) NO.

741/2023/TAXES DATED 26-10-2023 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT) Exhibit R1(E) A TRUE COPY OF THE G.O.(RT) NO.

865/2023/TAXES DATED 8-12-2023 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT) Exhibit R1(F) A TRUE COPY OF THE G.O.(RT) NO.

859/2023/TAXES DATED 5-12-2023 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT) Exhibit R1(G) A TRUE COPY OF THE G.O.(RT) NO.

103/2024/TAXES DATED 3-2-2024 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT) OP(KAT)Nos.545 and 548 of 2023

Exhibit R1(H) A TRUE COPY OF LETTER NO. TAXES-

F1/196/2023-TAXES DATED 22-2-2024 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT)