STATE OF KERALA Vs. ASOKA KUMAR.S

JUDGEMENT

(1.) The petitioner in both the original petitions is the State of Kerala. O.P.(KAT)No.533/2019 arises from an order of the Tribunal which stayed Annexure A10 order, reviewing the earlier order, exonerating the respondent who was the applicant before the Tribunal from the charges alleged and proceeded with in a disciplinary enquiry. The question is as to whether Rules 34 and 35 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, would apply or not.

(2.) The question is debatable and is pending before the Tribunal and the Tribunal, according to us, has rightly stayed the order pending the O.A. In such circumstances, we do not find any reason to interfere with the order and O.P.(KAT)No.533/2019 stands rejected, leaving open all contentions of both parties before the Tribunal.

(3.) In O.P.(KAT)No.538/2019, the challenge is against the interim order dated 30.09.2019, which directed consideration of the petitioners' case for promotion in a review DPC since he was superseded for reason only of two disciplinary proceedings, as on the date of convening the DPC. In fact, after the DPC, both the disciplinary proceedings ended in exoneration of the respondents. The order in one of the disciplinary proceeding was reviewed by the Government which has been stayed in O.A.No. 2469/19 by an interim order. We have today dismissed the O.P. (KAT) against that interim order. In the other disciplinary proceeding, on the basis of exoneration, there is already an order by the Tribunal directing consideration in a review DPC convened. In such circumstances, we are of the opinion that, as of now, the disciplinary proceedings which culminated in exoneration of the respondents do not result in any impediment for consideration of promotion by the DPC.