K.T. HARIPRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The grievances highlighted by the petitioners in this original petition are regarding the non-consideration of their interim plea for reinstatement in service by the Tribunal, eventhough their interim plea for stay of the impugned Anx.A15 report of the Internal Complaints Committee (ICC) has been granted by the Tribunal.

(2.) In that regard, one of the main contentions urged by Sri. S. Prasanth, learned counsel appearing for the petitioners, is that earlier the Internal Complaints Committee (ICC) had made a recommendation, at the interim stage, to transfer away the present petitioners to other stations and they were duly so transferred. Later the ICC again made yet another recommendation, at the interim stage, directing that the petitioners may be suspended from service and it is only in the light of these aspects that the petitioners have been suspended from service. That, as per the enactment that governs the field the ICC does not have the jurisdiction to make any such recommendation or order or direct suspension from service of the accused employees concerned and that it is a matter which comes solely within the province of the appointing authority or competent authority of the Government/ Department concerned as per the statutory service rules.

(3.) After hearing both sides we note that the Tribunal has not rejected the interim plea of the petitioner for reinstatement of service and it appears that the matter has been deferred and for the time being the interim plea of stay of Anx.A15 report of the ICC has been granted to the applicants in the original application/petitioners in the original petition.