State Of Kerala vs Rajesh.D
2024 Latest Caselaw 29462 Ker

Kerala High Court

State Of Kerala vs Rajesh.D on 17 October, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                                        2024:KER:77431

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

                 THE HONOURABLE MR. JUSTICE P.M.MANOJ

    THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                       OP(KAT) NO. 207 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED 25.09.2023 IN OA NO.1011 OF

2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

PETITIONER(S)/RESPONDENTS 1 TO 3 IN OA:

    1       STATE OF KERALA ,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, KERALA,, PIN - 695001

    2       THE STATE POLICE CHIEF,
            POLICE HEAD QUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM, KERALA,, PIN - 695014

    3       THE SUPERINTENDENT OF POLICE (RAILWAY),
            RAILWAY POLICE HEADQUARTERS, THYCAUD,
            THIRUVANANTHAPURAM, KERALA., PIN - 695014


            BY ADV GOVERNMENT PLEADER


RESPONDENT(S)/APPLICANT IN OA:

            RAJESH.D,
            AGED 49 YEARS, S/O. L. DEVADAS,SI GRADE (SCPO T 1198),
            RAILWAY POLICE STATION, THIRUVANANTHAPURAM,
            RESIDING AT SANDRAM, KARINKADA,
            CHULLIMANOOR.P.O,
            ANAD VILLAGE, NEDUMANGAD TALUK,
            THIRUVANANTHAPURAM,
            KERALA., PIN - 695541
 OP(KAT) NO.207 OF 2024          2


                                             2024:KER:77431




           SRI.A.J.VARGHESE,GOVERNMENT PLEADER


     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 17.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 OP(KAT) NO.207 OF 2024                 3


                                                        2024:KER:77431




                   A. MUHAMED MUSTAQUE, J
                                    &
                             P.M.MANOJ, J
                 -----------------------------------------
                     OP (KAT) No.207 of 2024
          ------------------------------------------------------
          Dated this the 17th day of October, 2024


                             JUDGMENT

A. MUHAMED MUSTAQUE, J

This original petition was field by the State, challenging

the order in O.A. No.1011 of 2021 dated 25.09.2023. This was

disposed along with connected O.As.

2. The learned Government Pleader submits that the

issue involved in this case is not concluded by any previous

judgment and since it happened to be disposed along with the

connected matter, the Tribunal came to a conclusion that this

issue was covered by an order in O.A. No.735 of 2024. In such

matter, the proper remedy of the State is to file review against

the order in O.A. No.1011/2021

3. With liberty to file a review, this Original Petition

stands disposed of. The period involved before this Court be

2024:KER:77431

absolved while considering the application for condonation of

delay in filing such application.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

P.M.MANOJ JUDGE sss

2024:KER:77431

APPENDIX OF OP(KAT) 207/2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF G.O(MS) NO.80/2011/HOME DATED 01.03.2011

Annexure A2 TRUE COPY OF G.O(P) NO.185/2011/HOME DATED 22.08.2011

Annexure A3 TRUE COPY OF D.O NO.120/2021/RP DATED 19.04.2021 ISSUED BY THE 3RD PETITIONER

Exhibit P1 TRUE COPY OF THE O.A NO.1011/2021

Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE FIRST PETITIONER ON 14.10.2022

Exhibit P3 TRUE COPY OF THE IMPUGNED ORDER OF THE TRIBUNAL DATED 25.09.2023 IN OA