Kerala High Court
Dr.Noorjehan Beegom M.S vs Government Of Kerala on 3 October, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Murali Purushothaman
OP(KAT) NO.164 OF 2016 1
2024:KER:73281
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
OP(KAT) NO. 164 OF 2016
AGAINST ORDER DATED 28.07.2016 IN OA NO.139 OF 2012 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT :
DR.NOORJEHAN BEEGOM M.S.
AGED 60 YEARS,ASSISTANT PROFESSOR OFPEDODONTICS
(TERMINATED FROMSERVICE) RESIDING AT SALI
NIVAS,PUTHEN KURUCHI, THIRUVANANTHAPURAM-695303.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
RESPONDENTS/RESPONDENTS :
1 GOVERNMENT OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO GOVERNMENT
HEALTH & FAMILY WELFARE (B)DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
OP(KAT) NO.164 OF 2016 2
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3 THE DIRECTOR
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695011.
BY SMT.NISHA BOSE, SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) NO.164 OF 2016 3
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JUDGMENT
A.Muhamed Mustaque, J.
The petitioner, who was the applicant before the
Tribunal, challenges her dismissal from service. The
Tribunal noted that there was no challenge against charge
memo and the enquiry report and therefore, the Tribunal
was not prepared to enter into any other question raised
other than raised before the Tribunal. The petitioner, who
joined the Medical Education Service on 28.01.1984 as
Tutor in the department of Paedodontics in the
Government Dental College, availed leave without
allowance for a period of ten years on two occasions.
Thereafter, petitioner claimed that she has rejoined duty
and applied for medical leave, but leave was neither
granted nor rejected. The petitioner was proceeded for
disciplinary action.
2. The case of the petitioner is that her
application for leave was not considered at all. It is
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pointed out that period referred in the charge memo
includes the period on which she rejoined duty.
3. The enquiry officer found that the charge is
proved against the petitioner. The Government, in
consultation with the Public Service Commission, ordered
dismissal from the service. In the absence of any challenge
against the charge memo and also against the enquiry
report, the question now remains whether there is any
scope for interference in this matter. There is a categorical
finding in the enquiry regarding the misconduct of the
petitioner and the penalty now appears to be in
proportionate to her misconduct of remaining absent from
service for a long period.
4. We, in such circumstances are of the
opinion that the Tribunal had adverted all aspects of the
matter and had arrived at a right conclusion on the facts
and circumstances of the case. We also endorse the view
of the Tribunal. No interference is warranted.
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Hence, this original petition stands dismissed. If
the petitioner is entitled to any compassionate allowances,
she is free to approach the Government and on receipt of
such request, the Government shall consider the same
within a period of three months.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
rkj
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APPENDIX OF OP(KAT) 164/2016
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE O.A 139/2012 ALONG WITH
ANNEXURE-A1 TO A21 FILED BEFORE THE
HONOURABLE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM.
ANNEXURE A1 LETTER NO.G4-11576/03/DME DATD
15.01.2005.
ANNEXURE A2 GO(RT).NO.1072/05/H&FWD DATED
11.04.2005.
ANNEXURE A3(A) LEAVE APPLICATION WITH MC DATED
14.06.2005.
ANNEXURE A3(B) LEAVE APPLICATION WITH MC DATED
24.06.2005.
ANNEXURE A3(C) LEAVE APPLICATION WITH MC DATED
22.11.2005.
ANNEXURE A4 ORDER NO.E1/1014/05/DCK DATED
02.12.2005.
ANNEXURE A5 FITNESS CERTIFICATE DATED 02.12.2005.
ANNEXURE A6 APPLICATION/REPRESENTATION FOR VRS DATED
05.07.2004.
ANNEXURE A7 APPLICATION/REPRESENTATION FOR VRS DATED
12.12.2005.
ANNEXURE A8 REPRESENTATION FOR REGULARISATION OF
SERVICE DATED 02.11.2005.
ANNEXURE A9 MEMO OF CHARGES AND STATEMENT OF
ALLEGATION NO.12656/B1/07/H&FWD DATED
16.5.2007.
ANNEXURE A10 LETTER NO.G4-17277/04/DME DATED
25.07.2007.
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ANNEXURE A11 STATEMENT OF DEFENCE DATED 08.08.2007.
ANNEXURE A12 GO(RT).NO.3715/2007/H&FWD DATED
01.11.2007.
ANNEXURE A13 COPY OF THE ENQUIRY REPORT DATED
21.03.2008.
ANNEXURE A14 SHOW CAUSE NOTICE NO.12656/B1/2007/H&FWD
DATED 13.08.2008.
ANNEXURE A15 REPLY DATED 17.09.2008 TO SHOW CAUSE
NOTICE.
ANNEXURE A16 REPLY DATED 24.10.2008 TO SHOW CAUSE
NOTICE.
ANNEXURE A17 GO(MS).NO.210/2009/H&FWD DATED
30.06.2009.
ANNEXURE A18 COPY OF THE APPEAL PETITION/REVIEW-
REPRESENTATION DATED 05.08.2009.
ANNEXURE A19 COPY OF THE REPRESENTATION DATED
24.04.2010.
ANNEXURE A20 COPY OF THE REPRESENTATION DATED
16.09.2011.
ANNEXURE A21 ACKNOWLEDGEMENT LETTER NO.13576/11/CM
DATED 24.09.2011.
ANNEXURE A22 TRUE COPY OF THE GOVERNMENT ORDER
NO.46394/B1/11/H&FWD DATED 25.02.2012.
Exhibit P1(a) TRUE COPY OF M.A.322/2012 IN O.A
139/2012 PRODUCING ANNEXURE-A22 FILED
BEFORE THE HONOURABLE ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM.
Exhibit P1(b) TRUE COPY OF THE AMEND APPLICATION
M.A.NO. 418/2012 IN O.A 139/2012 FILED
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BEFORE THE HONOURABLE ADMINISTRATIVE
TRIBUNAL, ERNAKULAM
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED
ON BEHALF OF THE 3RD RESPONDENT IN O.A
139/2012 BEFORE THE HONOURABLE KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE ORDER DATED 28/07/2016
IN O.A 139/2012 PASSED BY THE HONOURABLE
KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHPAURAM
