Kerala High Court
Mohammed Basheer, S/O.S.Mohammed ... vs State Of Kerala,Represented By The ... on 9 June, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:40034
O.P. (KAT) No.93 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
OP(KAT) NO. 93 OF 2023
AGAINST THE ORDER DATED 19.07.2022 IN OA NO.381 OF
2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
MOHAMMED BASHEER, S/O.S.MOHAMMED MUSTHAFA
(LATE),EX. CIVIL POLICE, AGED 58 YEARS, OFFICER
NO. T 8157, DISTRICT ARMED RESERVE,
THIRUVANANTHAPURAM CITY, NANTHAVANAM,
THIRUVANANTHAPURAM : 695 033. CURRENTLY RESIDING
AT : NABEEZATHU MANZIL,T C 8/758, ARAYALLOOR,
THIRUMALA P.O, THIRUVANANTHAPURAM, PIN - 695 006.
BY ADVS.
SRI.JINSON OUSEPH
SRI.S.VIJAYAN
SRI.V.PRINCE DEV
SRI.C.RAJESWARA KUMAR
SMT.CHITRA VIJAYAN
SHRI.BASIL MECHERY
SHRI.NIMISHA GEORGE
SMT.AMALENDU N.S.
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY, HOME AND VIGILANCE, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695
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O.P. (KAT) No.93 of 2023
2
001
2 DISTRICT POLICE CHIEF & COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM CITY, OFFICE OF THE DISTRICT
POLICE CHIEF & COMMISSIONER OF POLICE,
HIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM, PIN -
695 014
3 DEPUTY COMMISSIONER OF POLICE (L & O),
THIRUVANANTHAPURAM CITY, OFFICE OF THE DISTRICT
POLICE CHIEF & COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM, PIN -
695 014
4 COMMANDANT, DISTRICT ARMED RESERVE, NANDAVANAM,
THIRUVANANTHAPURAM, PIN - 695 033
5 KERALA PUBLIC COMMISSION, REPRESENTED BY ITS
SECRETARY,
OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM, PIN - 695 004
A.J. VARGHEESE SR GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 09.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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O.P. (KAT) No.93 of 2023
3
JUDGMENT
A. Muhamed Mustaque, J.
The petitioner, who was a Senior Civil Police Officer in
the District Armed Reserve, was inflicted with a penalty of
compulsory retirement by Annexure A10 dated 27.06.2017. This
was for the reason that he remained absent from the service
from 09.09.2011 to 07.12.2011. He reported to duty on
08.12.2011 with a medical certificate. The enquiry officer found
that he remained absent from service without informing the
higher authorities by a registered post or through a messenger
and found that the misconduct alleged against him had been
proved. By Annexure A10, it was decided to impose the penalty
of compulsory retirement. That was challenged before the
Tribunal in O.A No.2175 of 2017. The Tribunal, taking note of
the medical certificate produced by the petitioner, had interfered
with the penalty and ordered proceedings from the stage of
issuance of the charge memo. Re-enquiry was conducted. This
was for the reason that the medical certificate was not taken into
account by the enquiry officer. It is also found that while
imposing the major penalty, the statutory proceedings were not
complied with. Thereafter, the enquiry officer concluded and
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found that the charges against him have been proved. A penalty
of removal has been imposed. This has been questioned before
the Tribunal. The Tribunal refused to interfere with the matter,
and accordingly, the petitioner had approached this Court.
2. While this matter was pending, a review petition
was filed by the petitioner before the Government and the same
was pending. This Court passed the following order on
27.01.2025:
"The learned Government Pleader is directed to
get instructions as to the status of the outcome
of the review filed by the petitioner, in the light
of the direction given by the Tribunal in its
order dated 27.10.2022. A status report shall
be filed before this Court on the next posting
date."
3. Thereafter, the Government appears to have
passed an order on 27.05.2025, reviewing the penalty imposed
by converting it to a compulsory retirement.
4. In regard to the imposition of the penalty of
removal, the Tribunal refused to interfere with the matter.
However, we note that the Government could not have imposed
the penalty of removal for the simple reason that, earlier the
Government had only chosen to impose the penalty of
compulsory retirement. Therefore, on a remand, it could not
have exceeded the imposition of a penalty beyond compulsory
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retirement.
Anyway, in regard to the enquiry report, we find that
there is absolutely no scope for interference, as there was no flaw
in the procedure adopted or in regard to the appreciation of facts
by the enquiry officer. If there is no serious flaw in regard to the
adherence of the procedure, this Court cannot interfere with the
finding of facts. In the absence of any legal infirmity with the
procedure adopted, we also do not want to interfere with the
findings in the enquiry report. In regard to the imposition of the
penalty, it has already been converted to a compulsory
retirement by the Government. If so aggrieved, the petitioner is
at liberty to challenge that penalty imposed as above. We do not
find any reason now to interfere with the matter, and
accordingly, it is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
PR
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APPENDIX OF OP(KAT) 93/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER NO. H1/52499/2011
T C DATED 16/11/2011 ISSUED BY THE 3RD
RESPONDENT
Annexure A1(a) TRUE COPY OF THE APPLICATION DATED
08/12/2011 SUBMITTED BY THE APPLICANT
ALONG WITH THE MEDICAL CERTIFICATES
DATED 09/09/2011 AND 16/10/2011 FOR THE
PERIOD FROM 09/09/2011 TO 07/12/2011
WITH FITNESS CERTIFICATE DATED
08/12/2011.
Annexure A2 TRUE COPY OF THE ORDER NO.
H1/52499/11/TC DATED 28/09/2012 OF THE
3RD RESPONDENT ORDERING ORAL ENQUIRY
AGAINST THE APPLICANT AND TO SUBMIT PR
MINUTES.
Annexure A3 TRUE COPY OF THE MEMO OF CHARGE NO.
GL/3695/2012 CMT DATED 05/11/2012 ISSUED
TO THE APPLICANT BY THE 4TH RESPONDENT.
Annexure A4 TRUE COPY OF THE FINAL STATEMENT OF
DEFENSE DATED 29/01/2014 SUBMITTED BY
THE APPLICANT BEFORE THE 4TH RESPONDENT.
Annexure A5 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
H1-52499/2011 DATED ..../11/2014 ISSUED BY
THE 3RD RESPONDENT TO THE APPLICANT.
Annexure A5(a) TRUE COPY OF THE PR MINUTES DATED
03/02/2014 SUBMITTED BY THE 4TH
RESPONDENT BEFORE THE 3RD RESPONDENT
OBTAINED UNDER RTI FROM THE OFFICE OF
THE 2ND RESPONDENT.
Annexure A6 TRUE COPY OF THE ORDER NO. H1/52499/2011
TC DATED 05/02/2015, ISSUED BY THE 3RD
RESPONDENT, IMPOSING THE PUNISHMENT OF
REMOVAL FROM SERVICE.
Annexure A7 TRUE COPY OF THE APPEAL PETITION DATED
28/02/2015, SUBMITTED BY THE APPLICANT
BEFORE THE 2ND RESPONDENT.
Annexure A8 TRUE COPY OF THE ORDER NO. H3/16100/2015
TC DATED ..../04/2015, ISSUED BY THE 2ND
RESPONDENT, REJECTING ANNEXURE A7.
Annexure A9 TRUE COPY OF THE REVIEW PETITION DATED
27/05/2015 SUBMITTED BY THE APPLICANT
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BEFORE THE 1ST RESPONDENT.
Annexure A10 TRUE COPY OF THE GO (RT) NO.
1672/2017/HOME DATED 27/06/2017 ISSUED
BY THE 1ST RESPONDENT WHICH MODIFIED THE
PUNISHMENT OF REMOVAL FROM SERVICE AS
COMPULSORY RETIREMENT.
Annexure A11 TRUE COPY OF ORDER DATED 13/12/2018 IN
OA NO. 2175 OF 2018 OF THIS HON'BLE
TRIBUNAL.
Annexure A12 TRUE COPY OF THE REPRESENTATION DATED
16/01/2019 SUBMITTED BY THE APPLICANT
BEFORE THE 2ND RESPONDENT.
Annexure A12(a) TRUE COPY OF THE POSTAL RECEIPT NO.
EL094787059IN DATED 16/01/2019
PERTAINING TO THE DESPATCH OF ANNEXURE
A12 TO THE OFFICE OF THE 2ND RESPONDENT.
Annexure A13 TRUE COPY OF THE MEMO OF CHARGES NO.
PR/2124/2019CMT DATED 27/06/2019 ALONG
WITH STATEMENT OF ALLEGATIONS ISSUED BY
THE 4TH RESPONDENT.
Annexure A13(a) TRUE COPY OF THE REPLY DATED 12/07/2019
SUBMITTED BY THE APPLICANT BEFORE THE
4TH RESPONDENT
Annexure A14 TRUE COPY OF THE ORAL ENQUIRY NOTICE NO
PR/2124/2019/CMT DATED 17/07/2019 ISSUED
BY THE 4TH RESPONDENT
Annexure A15 TRUE COPY OF THE FINAL STATEMENT OF
DEFENSE DATED 12/08/2019 SUBMITTED BY
THE APPLICANT BEFORE THE 4TH RESPONDENT.
Annexure A16 TRUE COPY OF THE PR MINUTES IN THE
DISTRICT OFFICE CURRENT NO.
H1/52499/2011TC DATED 18/06/2019
SUBMITTED BY THE 4TH RESPONDENT BEFORE
THE 3RD RESPONDENT.
Annexure A17 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
H1/52499/11/TC DATED 22/11/2019 ISSUED
BY THE 3RD RESPONDENT.
Annexure A18 TRUE COPY OF THE REPLY DATED 05/12/2019
TO ANNEXURE A17 SHOW CAUSE NOTICE
SUBMITTED BY THE APPLICANT BEFORE THE
3RD RESPONDENT.
Annexure A19 TRUE COPY OF THE PROCEEDINGS NO.
H1/52499/11TC DATED 12/12/2019 ISSUED BY
THE 3RD RESPONDENT IMPOSING A PUNISHMENT
OF REMOVAL FROM SERVICE AGAINST THE
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APPLICANT.
Annexure A20 TRUE COPY OF THE ORDER DATED 21/01/2020
IN MA NO. 947 OF 2019 IN OA NO. 2175 OF
2017 OF THIS HON'BLE TRIBUNAL.
Annexure A21 TRUE COPY OF THE JUDGMENT IN OP (KAT)
NO. 303/2019 DATED 07/11/2019 OF THE
HON'BLE HIGH COURT OF KERALA.
Annexure MA1 TRUE COPY OF THE REVIEW PETITION DATED
27.02.2020 SUBMITTED BY THE APPLICANT
BEFORE THE 1ST RESPONDENT.
Annexure MA1(a) TRUE COPY OF THE POSTAL RECEIPT NO.
EL133676193IN DATED 28.02.2020
PERTAINING TO THE DISPATCH OF ANNEXURE
MA1 REVIEW PETITION TO THE OFFICE OF THE
1ST RESPONDENT.
Annexure RA1 TRUE COPY OF THE MA NO. 443/2020 ALONG
WITH ANNEXURE MA1 & MA1 (A).
Annexure RA2 CERTIFIED COPY OF THE ORDER DATED
19.07.2022 IN OA 381/2020 ISSUED BY THE
HON'BLE KAT, THIRUVANANTHAPURAM
Exhibit P1 TRUE COPY OF THE OA 381/2020 ALONG WITH
THE ANNEXURES A1 TO A21 THEREIN FILED BY
THE PETITIONER BEFORE THE KAT,
THIRUVANANTHAPURAM BENCH DATED
19.02.2020
Exhibit P2 TRUE COPY OF THE MA 443 OF 2020 IN
EXHIBIT-P1 ALONG WITH THE ANNEXURES MA1
TO MA1(A) THEREIN FILED BY THE
PETITIONER BEFORE THE KAT,
THIRUVANANTHAPURAM BENCH DATED
28.02.2020
Exhibit P3 TRUE COPY OF THE MA NO. 968 OF 2020 FOR
AMENDMENT FILED BY THE PETITIONER BEFORE
THE KAT, THIRUVANANTHAPURAM BENCH DATED
02.07.2020
Exhibit P4 TRUE COPY OF THE REPLY STATEMENT DATED
19.05.2022 FILED BY THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE REJOINDER DATED
19.05.2022 FILED AGAINST THE REPLY
STATEMENT OF THE 2ND RESPONDENT.
Exhibit P6 CERTIFIED COPY OF THE ORDER DATED
19.07.2022 IN OA 381/2020.
Exhibit P7 TRUE COPY OF THE RA NO. 28/2022 ALONG
WITH THE ANNEXURES RA1 AND RA2 THEREIN
FILED BEFORE THE KAT, THIRUVANANTHAPURAM
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BENCH ON 31.08.2022
Exhibit P8 TRUE COPY OF THE ORDER DATED 27.10.2022
IN RA NO. 28/2022.
