# **MaTIN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE**
## **&**
**THE HONOURABLE MR. JUSTICE GOPINATH P.**
**MONDAY, THE 25TH DAY OF MAY 2020 / 4TH JYAISHTA, 1942**
## **OP(KAT).No.120 OF 2020**
**AGAINST THE ORDER/JUDGMENT IN OA (EKM) 393/2019 DATED 20-12-2019 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER:**
**GEE VARGHESE DANIEL AGED 56 YEARS S/O. K. DANIEL, SENIOR POLICE OFFICER, RESIDING AT VAZHOTTU VEENIOUS VILLA, CHUNGATHARA, PUTHOOR, P.O. KOTTARAKKARA 691 507.**
**BY ADVS. SRI.BABU VARGHESE (SR.) SRI.C.V.ALEXANDER**
## **RESPONDENTS:**
**1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY HOME (H) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001. 2 THE STATE POLICE CHIEE AND DIRECTOR GENERAL OF POLICE, HEAD QUARTERS, THIRUVANANTHAPURAM , KERALA 695 001. 3 INSPECTOR GENERAL OF POLICE, DIG, KOCHI RANGE KOCHI 682 031. 4 THE DISTRICT POLICE CHIEF/ COMMISSIONER OF POLICE, ERNAKULAM, KOCHI 682 011.**
## **OTHER PRESENT:**
**SRI. T. RAJASEKHARAN NAIR--SR. G.P.**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
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## **JUDGMENT**
## **Dated this the 25th day of May 2020**
## **A.M.Shaffique,J.**
This Original Petition (KAT) has been filed challenging an order passed by the Kerala Administrative Tribunal in O.A. (EKM)No.393/2019. By the said order, the Tribunal had found that the order of punishment of compulsory retirement from service imposed on the petitioner was disproportionate to the charges levelled and set aside the impugned order imposing major punishment and the State was directed to consider the imposition of punishment proportionate to the charges proved in the light of the findings rendered by the Tribunal and the judgment of the Apex Court in **Krushnakant B. Parmar** v. **Union of India and another** [(2012) 3 SCC 178]. The Original Petition was filed on 12.3.2020 and when it came up for orders on 23.3.2020, this Court observed that the petitioner is entitled to get subsistence allowance from March, 202o onwards. During the pendency of the above Original Petition, on 20.5.2020, the petitioner filed I.A.No.1/2020 inter alia producing Ext.P7, an order passed by the
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Government pursuant to the directions issued in O.A. (Ekm)No.393/2019. By the impugned order, the Government observed that the punishment awarded is proportionate to the delinquency committed by the Officer and there is no need to review the said Government Order.
2. The learned Senior counsel appearing on behalf of the petitioner would submit that the above said Ext.P7 impugned order was not brought to the notice of this Court by the learned Government Pleader while passing the aforesaid direction and therefore, there is non-compliance of the impugned direction dated 23.3.2020.
3. What we find from the records is that the petitioner received a copy of Ext.P7 dated 5.3.2020 under cover of letter dated 6.5.2020. In the affidavit filed along with the above application, the petitioner has produced Ext.P8 communication dated 6.5.2020. The contention urged by the learned counsel is that there is patent violation of the directions issued by the Government. We do not think that we will be justified in considering the legality of Ext.P7 order dated 5.3.2020 in the present original petition. The Government had already considered the matter and had confirmed their earlier view. If at all the petitioner requires to challenge Ext.P7, it is open for him to do so.
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We do not want to express anything on merits. The entitlement of subsistence allowance depends upon the nature of the order that may be passed by the Tribunal. It shall be open for the petitioner to seek any such orders from the Tribunal. Nothing further survives to be decided in the present original petition. Hence, the Original Petition (KAT) is dismissed.
**Sd/A.M.SHAFFIQUE JUDGE Sd/GOPINATH P. JUDGE**
**acd**
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## **APPENDIX**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPIES OF THE OA (EKM) NO. 393/2019.**
**ANNEXURE A1**
- **TRUE COPY OF D.O. NO. 323/2012/RL DATED 25.09.2012 ISSUED BY THE SUPERINTENDENT OF POLICE RAILWAYS, THIRUVANANTHAPURAM.**
**ANNEXURE A2**
- **TRUE COPY OF D.O. NO. 285/13/RL DATED 02.11.2013 ISSUED BY THE SUPERINTENDENT OF POLICE RAILWAYS, THIRUVANANTHAPURAM.**
- **ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED 05.12.2013 SUBMITTED BY THE APPLICANT BEFORE THE STATE POLICE CHIEF, THIRUVANANTHAPURAM.**
- **ANNEXURE A4 TRUE COPY OF THE MEDICAL REPORT OF THE APPLICANTS MOTHER ISSUED BY THE PADMAVATHY HEART INSTITUTE KOLLAM.**
- **ANNEXURE A5 TRUE COPY OF THE ORDER DATED 04.02.2014 IN O A NO. 3034/2013 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.**
- **ANNEXURE A6 TRUE COPY OF G.O. (RT) NO. 1836 / 2014 /HOME DATED 30.06.2014 ISSUED BY THE GOVERNMENT OF KERALA.**
- **ANNEXURE A7 TRUE COPY OF REQUEST DATED 10.10.2014 SUBMITTED BY THE APPLICANT BEFORE THE STATE POLICE CHIEF, THIRUVANANTHAPURAM.**
## **ANNEXURE A8**
**TRUE COPY OF REPLY STATEMENT DATED 04.07.0215 SUBMITTED ON BEHALF OF THE 2ND RESPONDENT IN OA NO. 909 OF 2015.**
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- **ANNEXURE A9**
- **TRUE COPY OF ORDER NO. G5/107193/2012 DATED 31.07.2014 ISSUED BY THE STATE POLICE CHIEF, THIRUVANANTHAPURAM.**
- **ANNEXURE A10 TRUE COPY OF THE ORDER NO. H2/35/VR/14 E.C. DATED 25.09.20122.0520151 ISSUED BY THE DISTRICT POLICE CHIEF, KOCHI CITY.**
- **ANNEXURE A11 TRUE COPY OF ORDER DATED IN OA NO. 909 OF 2015 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM.**
- **ANNEXURE A12 TRUE COPY OF APPEAL DATED 11.08.2015 SUBMITTED BY THE APPLICANT INSPECTOR GENERAL OF POLICE, CENTRAL REGION, ERNAKULAM.**
- **ANNEXURE A13 TRUE COPY OF ORDER DATED 16.10.2015 IN OA.NO. 1006 OF 2015 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL.**
- **ANNEXURE A14 TRUE COPY OF ORDER NO. A2(B)110/APL/2015 KOR DATED 23.12.2015 ISSUED BY THE INSPECTOR GENERAL OF POLICE, KOCHI RANGE.**
- **ANNEXURE A15 TRUE COPY OF THE ORDER DATED 15.03.2017 IN OA (EKM) NO. 199/2016 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL.**
- **ANNEXURE A16 TRUE COPY OF REVIEW PETITION DATED 07.08.2017 SUBMITTED BY THE APPLICANT BEFORE THE GOVERNMENT OF KERALA.**
- **ANNEXURE A17 TRUE COPY OF THE ORDER DATED 07.08.2017 IN OA (EKM) NO. 199/2016 ON THE FILE OF KERALA ADMINISTRATIVE TRIBUNAL.**
- **ANNEXURE A18 TRUE COPY OF THE ORDER N. G.O. (MS0 NO. 3199/2018/HOME DATED 01.11.2018 ISSUED BY THE SECRETARY TO DEPARTMENT**
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**OF HOME, GOVERNED OF KERALA.**
- **ANNEXURE A19 TRUE COPY OF REPRESENTATION DATED 19.05.2018 SUBMITTED BY IN THE APPLICANT BEFORE THE STATE POLICE CHIEF.**
- **ANNEXURE A20 TRUE COPY OF THE COMMUNICATION DATED 11.01.2019 SENT BY THE STATE POLICE CHIEF TO THE APPLICANT.**
- **ANNEXURE A21 TRUE COPY OF REQUEST DATED 30.10.2019 SUBMITTED BY THE APPLICANT BEFORE THE HONBLE HOME SECRETARY,GOVERNMENT OF KERALA,**
- **ANNEXURE A22 TRUE COPY OF REQUEST DATED 30.10.2019 SUBMITTED BY THE APPLICANT BEFORE THE HONBLE CHIEF MINISTER OF KERALA.**
- **EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20.12.2019 IN OA (EKM) NO. 393/2019.**
- **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 23.03.2020, WITH DUE ENDORSEMENT FROM THE OFFICE OF THE 1ST RESPONDENT.**
- **EXHIBIT P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT WHEN THE ORDER WAS PERSONALLY HANDED OVER TO THE 2ND RESPONDENT.**
- **EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION DATED 21.04.2020 SENT BY THE 4TH RESPONDENT.**
- **EXHIBIT P6 THE TRUE COPY OF THE COMMUNICATION DATED 23.04.2020.**
- **EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED 05.03.2020 ISSUED BY THE 1ST RESPONDENT.**
**EXHIBIT P8 THE TRUE COPY OF THE ORDER DATED 06.05.2020 ISSUED BY THE 4TH RESPONDENT.**
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