LAWS(KER)-2023-10-232

K. BALAKRISHNAN Vs. STATE OF KERALA

Decided On October 25, 2023
K. BALAKRISHNAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This OP(KAT) is filed by the petitioner, who is the applicant in OA(EKM) No.258 of 2017 before the Kerala Administrative Tribunal, Thiruvananthapuram [Additional Bench, Ernakulam) [for short 'the Tribunal'].

(2.) The petitioner is aggrieved by the order of the Tribunal dismissing the original application, holding that the disciplinary proceedings initiated against him do not call for any interference. The petitioner, a Senior Clerk in the Department of Health Services, retired from service on 31/12/2016. Disciplinary proceedings were initiated against him which culminated in the imposition of punishment of barring of one increment without cumulative effect for one year.

(3.) The petitioner, while working as Upper Division Clerk in the Taluk Headquarters Hospital, Ponnani, was suspended from service alleging insubordination, misconduct and dereliction of duty. The petitioner was issued Annexure A1 memo of charges dtd. 4/3/2013. Though the petitioner submitted his written statement of defence and reply to the memo of charges, without properly appreciating the defence of the appellant, punishment of barring of one increment for one year was imposed on the petitioner without cumulative effect and the period of suspension was treated as eligible leave. The Tribunal dismissed the original application.