STATE OF KERALA Vs. SAM LESLY

JUDGEMENT

(1.) The prayer in the aforecaptioned Original Petition (KAT) filed under Articles 226 and 227 of the Constitution of India is as follows; (See page 9 of the paper book of this OP).

(2.) Heard Sri B.Vinod, learned Senior Government Pleader appearing for the petitioners (State of Kerala and 2 others) in the OP/respondents OA before the Tribunal and Sri C.S.Manu, learned Advocate appearing for the respondent in the OP/sole applicant in the OA before the Tribunal. The prayers in Ext.P1 Original Application, OA(Ekm)No.1510/2016 filed by the respondent herein/applicant in the OA are as follows; (See pages 24 and 25 of this paper book).

(3.) The Tribunal has rendered the impugned Ext.P5 final order dated 06.01.2020 in O.A.(Ekm)No.1510/2016 holding that from the materials in the above disciplinary proceedings, it can be seen that the disciplinary authority has not even led the minimal acceptable evidence to hold the applicant guilty of the allegations in the memo of charges and that therefore the impugned orders at Annexure A3 penalty order as confirmed in Annexure A5 appellate order and Annexure A7 revisional order holding the applicant guilty and imposing on him major punishment of withholding of two increments with cumulative effect is illegal and ultra vires and has thus quashed the impugned proceedings at Annexure A3, A7 and A8 and has allowed the main pleas in the above OA. It is this final order at Ext.P5 that is under challenge in this OP.