This writ petition seeking quashing of an order revising the petitioner to a lower rank was considered. The court noted that an appeal against the order was already disposed of with punishment limited to bar of increments and a review petition is pending before the Government, leading the court to close the cause.
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
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
WEDNESDAY,THE8THDAYOFNOVEMBER2023/17THKARTHIKA,1945
WP(C)NO.14011OF2023
PETITIONER:-
SAJITHA.P.S,AGED40YEARS
W/O.MUJEEB,BENCHCLERKGRADE-I
ADDITIONALDISTRICTANDSESSIONSCOURT-III,
MAVELIKKARA.,ALAPPUZHADISTRICT,PIN-690101
BYADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEVKUMAR
GENTLEC.D.
BIJOYSAMGEORGE
RESPONDENTS :-
1 THE DISCIPLINARY AUTHORITY (HON'BLE DISTRICT JUDGE) DISTRICT COURT, ALAPPUZHA, PIN - 6880132 ADDITIONAL DISTRICT & SESSIONS JUDGE III ADDITIONAL DISTRICT COURT, MAVELIKKARA, ALAPPUZHA, PIN - 6901013 THE REGISTRAR (DISTRICT JUDICIARY), HON'BLE HIGH COURT OF KERALA, ERNAKULAM - 682031BYADVS.
HARINDRANATHBG,SC
AMITHKRISHNANH.(K/000666/2015)
M.GOPIKRISHNAN(K/000841/2017)
LEJOJOSEPHGEORGE(K/357-C/2017)
SMT.PRINCYXAVIER,SR.GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
08.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
WP(C)NO.14011OF2023
2
JUDGMENT
This writ petition is filed seeking to quash Ext.P9 order issued by the first respondent, reverting the petitioner to a lower rank as the junior most Bench Clerk and for further direction for the first respondent to reconsider the matter.
view of the subsequent turn of events, this petition can be closed, reserving the right to prosecute the review petition.
In view of the above submission, this petition is closed, reserving
the right of the petitioner to pursue the review petition.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
SMA
WP(C)NO.14011OF2023
3
APPENDIX OF WP(C) 14011/2023
PETITIONER EXHIBITS :-
Exhibit P1 |
TRUE COPY OF THE DO LETTER NO.2114/2021 DATED |
|---|---|
08.12.2021SENTBYTHE2NDRESPONDENTADDRESSED TO THE 1ST RESPONDENT |
|
Exhibit P2 |
TRUECOPYOFTHESHOWCAUSENOTICEDATED09.12.2021 ISSUED TO THE PETITIONER BY THE 1STRESPONDENT |
Exhibit P3 |
TRUECOPYOFTHEDISCHARGESUMMERYDATED06.12.2021ISSUEDBYTHOTTAPPALLYMATHERIMEDICAL MISSION HOSPITAL |
Exhibit P4 |
TRUECOPYOFTHEMEMOOFCHARGESNO.C-8802/2021DATED23.02.2022SUBMITTEDBEFORETHE1STRESPONDENTBYTHEENQUIRYOFFICER |
Exhibit P5 |
TRUE COPY OF THE EXPLANATION DATED 07.03.2022SUBMITTEDBY THE PETITIONER AGAINST THE MEMOOF CHARGES RECEIVED BY HER |
Exhibit P6 |
TRUECOPYOFTHENOTICEDATED28.11.2022ISSUEDBYFIRSTRESPONDENTAGAINSTTHEPETITIONER ALONG WITH A COPY OF ENQUIRY REPORTDATED 12.10.2022 ISSUED BY THE ENQUIRY OFFICERNAMELY SPECIAL JUDGE FAST TRACK SPECIAL COURTHARIPAD |
Exhibit P7 |
TRUECOPYOFTHESHOWCAUSENOTICEDATED17.01.2023ISSUEDBYTHE1STRESPONDENTADDRESSED TO THE PETITIONER |
Exhibit P8 |
TRUECOPYOFTHEREPLYDATED20.01.2023SUBMITTEDBY THE PETITIONER BEFORE THE FIRSTRESPONDENT |
Exhibit P9 |
TRUE COPY OF THE ORDER DATED 08.03.2023 ISSUEDBY THE 1ST RESPONDENT. |
Exhibit P10 |
TRUE COPY OF THE ARGUMENT NOTES SUBMITTED ONBEHALF OF THE PETITIONER THROUGH HER ADVOCATEON 13.09.2022 BY THE 1ST RESPONDENT |
WP(C)NO.14011OF2023
4
RESPONDENT EXHIBITS :-
ExhibitR3(a)AtruecopyoforderoftheHighCourtdated
24-07-2023
1 issue framed by the court
Whether the writ petition seeking quashing of the reversion order should be closed in view of pendency of a review petition before the Government.
SAJITHA.P.S
THE DISCIPLINARY AUTHORITY (HON'BLE DISTRICT JUDGE) DISTRICT COURT, ALAPPUZHA
ADDITIONAL DISTRICT & SESSIONS JUDGE III ADDITIONAL DISTRICT COURT, MAVELIKKARA
THE REGISTRAR (DISTRICT JUDICIARY), HON'BLE HIGH COURT OF KERALA, ERNAKULAM
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
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