STATE OF KERALA Vs. MANOJ KUMAR

JUDGEMENT

(1.) The State is before us challenging the order dated 20.9.2017 in T.A. No. 956 of 2013 of the Kerala Administrative Tribunal, Thiruvananthapuram ('KAT' for short). The application was filed by the respondent challenging the disciplinary proceedings initiated against him which culminated in Ext.P3 order. As per Ext.P3 order, a punishment of barring one increment with cumulative effect was imposed on him. The KAT has allowed the application and has set aside Ext.P3 order.

(2.) The respondent was working as a Building Inspector in Thalassery Municipality. Disciplinary proceedings were initiated against the Secretary of the Municipality, Town Planning Officer and others in connection with the grant of a building permit. The charge against the respondent was that, he had certified a building to be in accordance with the Kerala Municipality Building Rules, 1999 (hereinafter referred to as 'the Building Rules' for short), though it violated Rule 24(3) thereof. On the basis of the certificate issued by the respondent, an occupancy certificate was granted by the Municipal Secretary. It was alleged that, such occupancy certificate ought not to have been granted.

(3.) According to the respondent, there was in fact no violation of Rule 24(3) of the Building Rules as alleged. Since the Building had multiple entrances, as per the relevant provision, the main entrance was to be treated as the front entrance and the requirement of a front yard was to be satisfied only on that side. However, without considering the contentions of the respondent, it was alleged that he had been punished. According to him, therefore, Ext.P3 was unsustainable and liable to be set aside.