STATE OF KERALA Vs. SUJEESH S.S.

JUDGEMENT

(1.) At the admission stage itself, we directed the State to serve a copy on the Counsel, who appeared for the respondent before the Tribunal, who was present in Court for another matter. On consent of both parties we passed over the matter and heard it finally.

(2.) The challenge of the petitioner/State is against Ext.P4 order. Ext.P4 considered the penalty imposed on the respondent by Annexure 14, which was upheld by the Government in Annexure A16. It was found that there was an enquiry initiated against the respondent for major penalty, subsequent to which a minor penalty was imposed without conducting any enquiry. The learned Tribunal found that having initiated domestic enquiry proceedings, though on culmination of the same the Government was competent to impose even a minor penalty, it could not impose penalty without completing the enquiry as such. The learned Government Pleader has a contention that there was no proceeding initiated as such at that point of time. However, we refuse to consider that contention, because as per Ext.P4 directions, the Government has already proceeded with the enquiry as is seen from Ext.P5.

(3.) The controversy in the original petition revolves around the direction in Ext.P4 to regularise the period of suspension and release of various other service benefits to the applicant. The learned Government Pleader points out that only after completion of enquiry and either exoneration or imposing of punishment could the issue of treatment of the suspension period be considered. The learned Government Pleader also points out that after Annexure A14 order was issued, the Government had passed an order produced as Annexure R1(a) along with the reply dated 23.09.2017, wherein the suspension was regularised as 'non-duty' without forfeiture of past service. However, Annexures A-14 along with A-16 have been set aside and enquiry proceedings initiated, when necessarily the question of how the suspension period has to be treated will have to be left to be considered after the disciplinary proceedings are finalised and the Appropriate Authority passes an order on the same. It would also depend on the result of the enquiry and the nature of the orders passed by the Disciplinary Authority.