S.SADHUJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition is filed challenging the order dated 6.1.2007 passed by the Kerala Administrative Tribunal in O.A. (EKM)No.1063 of 2016. The petitioner herein who was the applicant therein moved the said original application seeking quashment of Annexure-A5 and also a direction to the respondents to grant pension and other service benefits reckoning the period of his suspension as duty. The Tribunal on considering the rival contentions passed the impugned order dismissing the original application. It is feeling aggrieved by the said order that the captioned original petition has been filed.

(2.) We have heard the learned counsel for the petitioner and also the learned Government Pleader.

(3.) The petitioner approached the Tribunal under the following circumstances:- He retired from the service of Fisheries Department as Technical Assistant on 31.5.2004. While he was in service, disciplinary proceedings were initiated against him and before that, in contemplation of the disciplinary proceedings he was placed under suspension as per order dated 22.4.2003. Later, he was reinstated in service pending disciplinary proceedings on 5.2.2004. Disciplinary proceedings initiated subsequently, against him on the allegation that he claimed travelling allowance by producing bogus certificates and it culminated in an order for recovering an amount of b9 4,344/-. The petitioner preferred an appeal against the said order and on being aggrieved by the delay in the matter of its consideration he moved the Tribunal by filing O.A.No.2030 of 2015. As per Annexure-A4 in Ext.P1, the said original application was disposed of as per order dated 20.11.2015 with a direction to the first respondent therein to pass appropriate orders on the appeal. It was in compliance with the direction thereunder that Annexure-A5 order dated 22.4.2016 was passed by the first respondent.