Petitioner sought to quash a tribunal order regarding disciplinary proceedings affecting his pension. The subsequent government order reduced his pension. The petitioner moved to withdraw the original petition citing the final government order.
Original petition dismissed as withdrawn without prejudice to right to challenge Ext.P10 before Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938
(AGAINST THE ORDER IN OA 1599/2013 of KERALA
ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 18-07-2013)
PETITIONER(S)/APPLICANT IN O.A.:-:
V.SANALKUMAR
S/O.K.VASUKUTTY, RESIDING AT KOTTAKKAKAM HOUSE, MAYYANAD P.O., KOLLAM - 691 303.
BY ADVS.SRI.ELVIN PETER P.J.
SRI.T.G.SUNIL (PRANAVAM)
SRI.K.R.GANESH
RESPONDENTS/RESPONDENTS IN O.A.:-:
REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1 BY ADV. SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 11-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT).No. 304 of 2014 (Z)
APPENDIX
PETITIONER(S)' EXHIBITS
/true copy/
P.S. TO JUDGE.
P.R. RAMACHANDRA MENON
& ANIL K. NARENDRAN, JJ. .............................................................................. O.P.(KAT)No.304 OF 2014
......................................................................... Dated this the 11th August, 2016
JUDGMENT
Anil K. Narendran, J.
This Original Petition arises from the order dated 18.07.2013 passed by the Kerala Administrative Tribunal in O.A.No.1599 of 2013. The said O.A. was filed seeking an order to quash Annexure-A12 show cause notice dated 13.05.2013 issued by the first respondent and for other consequential reliefs. The Tribunal by Ext.P2 order, disposed of the O.A. Paragraph 3 and 4 of the order reads as follows:
“ 3. Annexure A12 being a show cause notice, the challenge against the same is plainly untenable. The release of other benefits will depend upon the final decision to be taken by the Government on Annexure A12. Since the applicant has filed his reply to Annexure A12 notice only on 27.6.2013, it is too early to accuse the Government of any delay from its part.
4. Having regard to the fact that the applicant is a retired Government servant, the Government may finalise the proceedings against him as expeditiously as possible,
2
O.P.(KAT)No.304 OF 2014
at any rate, within three months from the date of receipt of a copy of this order. Needless to say, if Annexure A-13 reply is received by the Government, the same shall also be considered by the Government while taking a final decision on Annexure A12 and the applicant may be given an opportunity of being heard also.”.
Being aggrieved of the above order passed by the Tribunal, the petitioner has approached this Court by filing this Original Petition.
O.P.(KAT)No.304 OF 2014
3
In the said circumstances, this Original Petition is dismissed as withdrawn, without prejudice to the right of the petitioner to challenge Ext.P10 by initiating appropriate proceedings before the Tribunal.
P.R. RAMACHANDRA MENON, JUDGE
ANIL K. NARENDRAN, JUDGE
lk
V. Sanalkumar
State of Kerala
Commissioner of Excise, Thiruvananthapuram
Director, Vigilance & Anti-Corruption Department, Thiruvananthapuram
Vigilance Officer, Excise Department, Thiruvananthapuram
P.R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
