Kerala High Court
State Of Kerala vs Anoop Kumar.M.G on 6 May, 2025
2025:KER:33610
OP(KAT) NO. 565 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 6TH DAY OF MAY 2025 / 16TH VAISAKHA, 1947
OP(KAT) NO. 565 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 06.11.2023 IN OA (EKM)
NO.1632 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 & 2 IN OA(EKM):
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
BY ADV.SRI. APPU P.S, GOVERNMENT PLEADER
RESPONDENTS/APPLICANT & 3RD RESPONDENT IN OA(EKM):
1 ANOOP KUMAR.M.G, AGED 51 YEARS
S/O M.A GIRIJAN (LATE), ASSISTANT EXCISE INSPECTOR,
EXCISE RANGE OFFICE, IRINJALAKKUDA,
THRISSUR, KERALA- 680121,
RESIDING AT MULLAKKARA HOUSE,
PERUMBILISSERY P.O, CHERPU,
THRISSUR, PIN - 680561
2025:KER:33610
OP(KAT) NO. 565 OF 2023 2
2 JEEN SIMON. C,
EXCISE INSPECTOR, EXCISE RANGE OFFICE, PEERUMEDU,
IDUKKI, KERALA, PIN - 685531
BY ADVS.
T.R.RAJESH
NANDANA SASI
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 06.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:33610
OP(KAT) NO. 565 OF 2023 3
JUDGMENT
GOPINATH P., J.
When this matter is taken up for consideration
today, learned Government Pleader submits that, subsequent
to the filing of this Original Petition, disciplinary proceedings
against the 1st respondent have been dropped and therefore,
it may not be necessary to consider the challenge to the
impugned order of the Kerala Administrative Tribunal in this
Original Petition.
Taking into consideration the above submission of
the learned Government Pleader, this Original Petition will
stand closed.
Sd/-
GOPINATH P.
JUDGE
Sd/-
BASANT BALAJI
JUDGE
ajt
2025:KER:33610
APPENDIX OF OP(KAT) 565/2023
PETITIONER ANNEXURES
Exhibit P1 TRUE COPY OF THE OA(EKM) NO.1632/23
Annexure A1 TRUE COPY OF RELEVANT PAGES OF THE ABOVE
FINALIZED SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS FOR THE PERIOD FROM 01.01.2009 TO
19.08.2011 PUBLISHED VIDE ORDER
NO.EXC/1074/2016/XD3 DATED 31.08.2022.
Annexure A2 TRUE COPY OF SUSPENSION ORDER ISSUED BY THE 2
ND RESPONDENT PLACING THE 1 ST APPLICANT
UNDER SUSPENSION VIDE ORDER NO.EXC/4684/2019-
XA1 DATED 05.10.2019.
Annexure A3 TRUE COPY OF CHARGE MEMO AND STATEMENT OF
ALLEGATIONS SERVED ON THE 1 ST APPLICANT BY
VIDE ORDER NO. EXC-5413/2019/XE4 DATED
04.01.2020
Annexure A4 TRUE COPY OF THE REINSTATEMENT ORDER ISSUED
BY THE 2 ND RESPONDENT VIDE ORDER
NO.EXC/5413/19/XE4 DATED 11.06.2021.
Annexure A5 TRUE COPY OF THE INTERIM ORDER PASSED BY THE
HON'BLE HIGH COURT OF KERALA DATED 14.07.2023
Annexure A6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE APPLICANT BEFORE THE 2 ND RESPONDENT
DATED 15.07.2023
Annexure A7 TRUE COPY OF THE JUDGMENT DATED 04.06.2010 IN
WP(C) NO.35926/2009 OF THE HON'BLE HIGH COURT
OF KERALA.
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 25.07.2023 IN OA(EKM)
1267/2023.
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Annexure A10 TRUE COPY OF THE ORDER ISSUED BY THE 2 ND
RESPONDENT VIDE ORDER NO.XD3-248635/2022
DATED 16.09.2023.
Annexure A11 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
1 ST RESPONDENT AND ADDRESSED TO THE 2 ND
RESPONDENT VIDE NO.TAXES-F1/196/2023-TAXES
DATED 11.09.2023.
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED
06.11.2023 IN OA(EKM) NO.1632/23.
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the interim order passed by this
Hon'ble Court dated 14.07.2023 in
Exhibit R1(b) True copy of the amendment notification
issued vide G.O(Ms)180 dated Trivandrum
30.04.1966
Exhibit R1(c) True copy of the amendment notification
issued by the Government vide
G.O(P)No.26/2012/P and ARD dated 01.06.2012
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
Exhibit R1(f) True copy of the judgment of this Hon'ble
Court dated 07.08.2018 in OP(KAT)No.300/2018
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
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Exhibit-R 1(i) True copy of the iorder dated 24.01.2025
passed by the Special Judge CBI in
Crl.M.P.No.2951/2024 in SC. No.425/2021
Exhibit-R 1(j) True copy of the representation submitted by
this respondent before the Excise
Commissioner dated 11.02.2025
