STATE OF KERALA Vs. P.M.NOWSHAD

JUDGEMENT

(1.) These two original petitions have been filed by the State and its officers challenging common order dated 18.7.2019 in O.A.No.376/2018 and O.A.No.481/2019. In O.A.No.376/2018, the applicant sought for a direction to convene a DPC to include him in the Anneuxre-A select list for promotion to the post of Joint Director. In O.A.No.481/2019, the applicant challenged Annexure-A12 order dated 26.2.2019 by which the Government confirmed the order passed by the disciplinary authority barring two increments with cumulative effect.

(2.) The Tribunal, after considering the respective contentions of the parties, issued the following directions:-

(3.) The learned Government Pleader, while impugning the aforesaid order passed by the Tribunal, contended that as far as the disciplinary action against the applicant is concerned, the Tribunal committed serious error and observed that the Public Service Commission (Consultation) Regulations, 1957 (hereinafter referred to as the Regulations) do not envisage consultation with the Commission for imposition of minor penalties such as 'censure'. The learned Government Pleader submits that originally major penalty of barring of two increments with cumulative effect was imposed on the delinquent officer after consultation with Kerala Public Service Commission in terms with the Regulations. A review came to be filed before the Government and on the basis of the recommendation of the Director of Lotteries, Government had decided to reduce the punishment to censure. However, upon consultation with the Public Service Commission, they did not agree with the proposal and therefore, the Government issued Annexure-A12 order. The learned Government Pleader submitted that when a major penalty is imposed on a delinquent officer in terms with clause 6(1)(c) of the Regulations, the Government is bound to consult with the Kerala Public Service Commission.