RAJU ANTONY Vs. KERALA STATE COUNCIL FOR SCIENCE

JUDGEMENT

(1.) The petitioners in these cases are working in the services of "Jawaharlal Nehru Tropical Botanical Garden & Research Institute" (hereinafter referred to as "Institute" for short) and they were proceeded disciplinarily against, on the allegation that, on 8/11/2018, an incident occurred, wherein, they were involved in a scuffle with a person named Sri.S. Muhammed Shereef. They assert that the allegations against them are wholly without basis and that they have been able to establish so in the disciplinary enquiry, with no evidence or testimony being recorded, to establish their culpability; but that, in spite of this, the Enquiry Officer found against them, leading to an order imposing the punishment in barring three increments with cumulative effect. They say that they, therefore, filed an Appeal before the Appellate Authority, which, however, affirmed the orders of the Disciplinary Authority; and therefore, that they have preferred a further permissible Appeal before the Council of the Kerala State Council for Science, Technology and Environment ("Council" for short hereinafter), leading to impugned order, reducing the punishment to barring of two increments with cumulative effect, but confirming all the findings against them.

(2.) The petitioners assert that the impugned orders is untenable and has been settled with a preconceived impression that they were involved in the scuffle, when they were not; and that this is clearly evident from the evidence on record and the testimony of the witnesses. They thus pray that the order impugned in these cases be set aside.

(3.) I have heard various counsel for the petitioners in these cases; Sri.C.K.Karunakaran - learned Standing Counsel for the "Institute" and Sri.P.C.Sasidharan - learned Standing Counsel for the "Council".