OP(KAT) Nos.545 and 548 of 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhamed Mustaque
S. Manu
Judgment Date: 2024-05-31
Court Decision / Holding: Disposed of; no bar to temporary promotions; directed to promote respondents temporarily at the earliest
Final Disposition: Disposed

Parties to the Case

Appellants / Petitioners

Jayachandran C
Sabin T
C. Senthil Kumar, S/O Chandran P., Assistant Exise Inspector, Thalassery, Kannur

Respondents

State of Kerala represented by the Secretary to Government, Taxes Department, Government Secretariat, Thiruvananthapuram
The Commissioner of Excise, Excise Commissionerate, Vikas Bhavan, Nandhanam, Thiruvananthapuram
The Additional Commissioner of Excise (Administration), Excise Commissionerate, Vikas Bhavan, Nandhanam, Thiruvananthapuram
Jayachandran C, S/O Chithrambaran C., Assistant Exise Inspector, Mattannur, Kannur
Sabin T, Exise Inspector, Peerumedu, Idukki

Legal Representation & Advocates

Counsels for Petitioners

• T. R. Rajesh
• Nirmal V Nair
• Arathi Prabhakaran

Counsels for Respondents

• A. J. Varghese, Sr. Government Pleader

Case Synopsis & Summary

These original petitions were filed by the State challenging an order of the Kerala Administrative Tribunal (KAT) that directed provisional promotion of several Excise Department officials during pendency of disciplinary proceedings. The petitions came up for admission and were heard on 31 May 2024, with the matter being heard together with OP(KAT) No. 548 of 2023. The court notes that the disciplinary enquiries against the respondents have since concluded and the respondents in both cases have been exonerated. In view of this development, there is no longer a bar to considering the respondents' promotion. The bench holds that provisional promotions should be effected without delay, at the earliest, as a practical remediation of the administrative situation, while ensuring that due process remains intact. The judgment disposes of the original petitions by directing that the promotions be effected temporarily and that the tribunal's order be implemented subject to the exoneration. The Appendix and Exhibits contain suspension, reinstatement, charge memo, statements, RTI communications, and prior orders relied upon by the parties, including a Supreme Court decision cited in the record. The decision is rendered by a Division Bench consisting of Justice A. Muhamed Mustaque and Justice S. Manu.

Provisions of Law Cited

Right to Information Act, 2005

Submissions & Arguments

Contentions of Appellants / Petitioners

The document does not contain detailed argument sections; it records only the procedural posture and the court's ultimate conclusion. The State petitioners in OP(KAT)545/2023 argued that the Tribunal's provisional promotion order during ongoing disciplinary proceedings warranted scrutiny or reversal. The OA respondents (the promoted employees) argued that exoneration of the disciplinary proceedings should remove any bar to promotion, and temporary promotion would be appropriate to rectify the administrative situation. Overall, the judgment records that the disciplinary enquiry has concluded and exonerated the respondents, allowing the court to order temporary promotions without delay.

Contentions of Respondents

The respondents contended that the Tribunal's provisional promotion was appropriate in the circumstances and that the matter required orderly implementation of due process yet subject to follow-up actions. After the bar hearing and the statements by counsel, the court found no bar to promotion following exoneration in both OA cases, and directed temporary promotions.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Grasim Industries Limited v. Collector of Customs, Bombay	2002 (4) SCC 297	Mentioned Only	Exhibit R1(E) presents the judgment as part of the record but the reasoning in the current judgment does not discuss or apply its principles.
W.P.(C) No.35926/2009	WP(C) No.35926/2009	Mentioned Only	Annexure A7 references the Kerala High Court judgment; it is included in the record but not explicitly discussed in the reasoning.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MR. JUSTICE S.MANU** **FRIDAY, THE 31[ST] DAY OF MAY 2024 / 10TH JYAISHTA, 1946** **OP(KAT) NO. 545 OF 2023** **OA(EKM)NO.1633 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL,** ## **THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS 1 TO 3 IN OA :** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM -KERALA, PIN - 695001** - **2 THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, VIKAS BAHAVAN P.O., NANDHAVANAM, THIRUVANANTHAPURAM-KERALA, PIN - 695033** - **3 THE ADDITIONAL COMMISSIONER OF EXCISE (ADMINISTRATION), EXCISE COMMISSIONERATE, VIKAS BAHAVAN P.O., NANDHAVANAM, THIRUVANANTHAPURAM-KERALA, PIN - 695033 SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER** ## **RESPONDENTS/APPLICANTS AND 4TH RESPONDENT IN OA :** **1 JAYACHANDRAN C, AGED 47 YEARS S/O. CHITHRAMBARAN C., ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, MATTANNUR, KANNUR, KERALA-670702, RESIDING AT RATATH HOUSE, THIRUVALATHUR P.O., KODUMBU, PALAKKAD-678551, KERALA, PIN 678551 2 SABIN T, EXCISE INSPECTOR, EXCISE RANGE OFFICE, PEERUMEDU, IDUKKI, KERALA, PIN - 685531 BY ADV T.R.RAJESH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 31.05.2024, ALONG WITH OP(KAT).548/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT)Nos.545 and 548 of 2023 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MR. JUSTICE S.MANU** **FRIDAY, THE 31[ST] DAY OF MAY 2024 / 10TH JYAISHTA, 1946 OP(KAT) NO. 548 OF 2023** **AGAINST THE ORDER DATED 27.11.2023 IN OA (EKM) NO.1915 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/RESPONDENTS 1 TO 4 IN OA :** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM, KERALA, PIN - 695001** - **2 THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, VIKAS BAHAVAN P.O., NANDHAVANAM, THIRUVANANTHAPURAM, KERALA, PIN - 695033** - **3 THE ADDITIONAL COMMISSIONER OF EXCISE (ADMINISTRATION), EXCISE COMMISSIONERATE, VIKAS BAHAVAN P.O., NANDHAVANAM, THIRUVANANTHAPURAM, KERALA, PIN - 695033** - **4 THE DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION BUREAU, DIRECTORATE OF VIGILANCE AND ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM-695033 SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER** ## **RESPONDENT/APPLICANT IN OA :** **C. SENTHIL KUMAR, S/O CHANDRAN.P, AGED 39 YEARS, WORKING AS ASSISTANT EXCISE INSPECTOR,** OP(KAT)Nos.545 and 548 of 2023 3 **EXCISE RANGE OFFICE, THALASSERY 670/01, KANNUR DIVISION, RESIDING AT THAZHATHEPPURA HOUSE, PUDUKKODE, KANNUR P.O., PALAKKAD, PIN - 678702 BY ADVS. NIRMAL V NAIR ARATHI PRABHAKARAN** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 31.05.2024, ALONG WITH OP(KAT).545/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT)Nos.545 and 548 of 2023 4 ## **J U D G M E N T** ## **A.Muhamed Mustaque, J** . These original petitions were filed by the State challenging an order of the Tribunal ordering provisional promotion of the party respondents at the time of certain disciplinary proceedings were pending. Now it is stated at the bar that the disciplinary enquiry is over and the respondents in both cases have been exonerated. In such circumstances, there is no bar in considering respondents' promotion. Needful shall be done to promote the respondents temporarily at the earliest without any delay. These original petitions are disposed of as above. Sd/- ## **A.MUHAMED MUSTAQUE, JUDGE** Sd/- **S.MANU, JUDGE** rkj OP(KAT)Nos.545 and 548 of 2023 5 ## **APPENDIX OF OP(KAT) 545/2023** |**PETITIONER ANNEXURES**|**PETITIONER ANNEXURES**| |---|---| |**Annexure A1**|**TRUE COPY OF THE ORDER OF SUSPENSION**| ||**ISSUED BY THE 1ST RESPONDENT VIDE GO(RT)**| ||**NO.519/2022/TAXES DATED 01.07.2022**| |**Annexure A2**|**TRUE COPY OF THE REINSTATEMENT ORDER**| ||**ISSUED BY THE 1ST RESPONDENT VIDE GO(RT)**| ||**NO.237/2023/TAXES DATED 31.03.2023.**| |**Annexure A3**|**TRUE COPY OF CHARGE MEMO AND STATEMENT OF**| ||**ALLEGATIONS SERVED ON THE APPLICANT BY**| ||**THE** **1ST** **RESPONDENT** **VIDE**| ||**NO.TAXES.F2/71/2022-TD DATED 27.09.2022.**| |**Annexure A4**|**TRUE COPY OF GO(RT) NO.336/2023/TAXES**| ||**DATED 25.05.2023**| |**Annexure A5**|**TRUE COPY OF PROCEEDINGS OF THE 2ND**| ||**RESPONDENT** **VIDE** **ORDER**| ||**NO.EXC/2402/2022/XD3 DATED 04.02.2023.**| |**Annexure A6**|**TRUE COPY OF THE REPRESENTATION SUBMITTED**| ||**BY THE APPLICANT BEFORE THE 2ND**| ||**RESPONDENT DATED 01.06.2023.**| |**Annexure A7**|**TRUE COPY OF THE JUDGMENT DATED**| ||**04.06.2010 IN WP(C) NO.35926/2009.**| |**Annexure A8**|**TRUE COPY OF THE ORDER PASSED BY THIS**| ||**HON'BLE TRIBUNAL OA 772/2022 DATED**| ||**19.12.2022**| |**Annexure A9**|**TRUE COPY OF THE ORDER OF THIS HON'BLE**| ||**TRIBUNAL DATED 03.07.2023 IN OA(EKM)**| ||**1035/2023.**| |**Annexure A10**|**TRUE COPY OF THE ORDER ISSUED BY THE 2ND**| ||**RESPONDENT VIDE ORDER NO.XD3-248635/2022**| ||**DATED 16.09.2023.**| |**Annexure A11**|**TRUE COPY OF THE COMMUNICATION ISSUED BY**| ||**THE 1ST RESPONDENT AND ADDRESSED TO THE**| ||**2ND RESPONDENT VIDE NO.TAXES-F1/196/2023-**| ||**TAXES DATED 11.09.2023.**| |**Exhibit P1**|**TRUE COPY OF THE OA(EKM) NO.1633/23**| |**Exhibit P2**|**TRUE COPY OF THE INTERIM ORDER DATED**| ||**06.11.2023 IN OA(EKM) NO.1633/23**| |**RESPONDENT EXHIBITS**|| |**Exhibit R1(a)**|**True copy of the interim order passed by**| ||**this Hon'ble Court dated 14.07.2023 in**| ||**OP(KAT)No.57/2023**| OP(KAT)Nos.545 and 548 of 2023 6 |**Exhibit R1(b)**|**True copy of the amendment notification**| |---|---| ||**issued vide G.O(Ms)180 dated Trivandrum**| ||**30.04.1966**| |**Exhibit R1(c)**|**The true copy of the Amendment**| ||**notification issued by the Government G.O**| ||**(P) No. 26/2012/P and ARD dated 6/6/2012**| |**Exhibit R1(d)**|**True copy of the amendment notification**| ||**issued** **by** **the** **Government** **by**| ||**G.O(P)No.3/93/P and ARD dated 15.01.1993**| |**Exhibit R1(e)**|**True copy of the judgment of the Hon'ble**| ||**Supreme Court in Grasim Industries**| ||**Limited v. Collector of Customs, Bombay -**| ||**(2002) 4 SCC 297**| |**Exhibit R1(f)**|**True copy of the judgment of this Hon'ble**| ||**Court** **dated** **07.08.2018** **in**| ||**OP(KAT)No.300/2018**| |**Exhibit R1(g)**|**True copy of the judgment dated**| ||**30.07.2018 in OP(KAT)292/2018**| |**Exhibit R1(h)**|**True copy of the judgment dated**| ||**06.02.2018 in OP(KAT)No.60/2018**| OP(KAT)Nos.545 and 548 of 2023 7 ## **APPENDIX OF OP(KAT) 548/2023** |**PETITIONER ANNEXURES**|**PETITIONER ANNEXURES**| |---|---| |**Annexure A1**|**TRUE COPY OF THE ORDER NO.XD3-248635/2020**| ||**DATED 15.05.2021 ISSUED BY THE 1ST**| ||**RESPONDENT.**| |**Annexure A2**|**TRUE COPY OF THE FIR DATED 20.05.2022 IN**| ||**CRIME NO.6/2022 OF THE VACB, PALAKKAD**| ||**DISTRICT.**| |**Annexure A3**|**TRUE** **COPY** **OF** **THE** **G.O** **(RT)**| ||**NO.412/2022/TAXES DATED 24.05.2022 ISSUED**| ||**BY THE 1ST RESPONDENT.**| |**Annexure A4**|**TRUE COPY OF THE ORDER NO.XD3-248635/2020**| ||**DATED 25.05.2022 ISSUED BY THE 2ND**| ||**RESPONDENT.**| |**Annexure A5**|**TRUE COPY OF THE ORDER NO.XD3-248635/2020**| ||**DATED 18.06.2022 ISSUED BY THE 2ND**| ||**RESPONDENT.**| |**Annexure A6**|**TRUE COPY OF THE CHARGE MEMO NO.TAXES**| ||**F2/71/2022 TD DATED 27.08.2022 ISSUED BY**| ||**THE 1ST RESPONDENT**| |**Annexure A7**|**TRUE COPY OF THE STATEMENT OF ALLEGATIONS**| ||**NO.TAXES F2/71/2022 -TD DATED 27.08.2022**| ||**ISSUED BY THE 1ST RESPONDENT.**| |**Annexure A8**|**TRUE COPY OF THE REPLY DATED 23.09.2022**| ||**SUBMITTED BY THE APPLICANT TO THE CHARGE**| ||**MEMO.**| |**Annexure A9**|**TRUE COPY OF THE FINAL ORDER DATED**| ||**23.02.2023 IN OA.(EKM) NO. 1294/2022 ON**| ||**THE FILES OF THIS HON'BLE TRIBUNAL.**| |**Annexure A10**|**TRUE COPY OF THE G.O.(RT) NO.**| ||**237/2023/TAXES DATED 31.03.2023 ISSUED BY**| ||**THE 1ST RESPONDENT.**| |**Annexure A11**|**TRUE COPY OF THE ORDER NO.EXC/2237/2022-**| ||**XE4 DATED 11.04.2023 ISSUED BY THE 2ND**| ||**RESPONDENT.**| |**Annexure A12**|**TRUE COPY OF THE JUDGMENT DATED**| ||**04.06.2010 IN W.P.(C)NO.35926/2009 ON THE**| ||**FILES OF THE HON'BLE HIGH COURT OF**| ||**KERALA.**| |**Annexure A13**|**TRUE COPY OF THE JUDGMENT DATED**| ||**06.09.2011 IN W.P.(C)NO.19486/2011 ON THE**| ||**FILES OF THE HON'BLE HIGH COURT OF**| ||**KERALA.**| OP(KAT)Nos.545 and 548 of 2023 8 **Annexure A14 TRUE COPY OF THE REPRESENTATION DATED 05.05.2023 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT. Annexure A15 TRUE COPY OF THE LETTER NO.TR 1/2023 DATED 05.05.2023 ADDRESSED TO THE 2ND RESPONDENT BY EXCISE INSPECTOR, THALASSERY. Annexure A16 TRUE COPY OF THE FINAL ORDER DATED 11.07.2023 IN O.A (EKM) 724/2023 ON THE FILES OF THIS HONORABLE TRIBUNAL. Annexure A17 TRUE COPY OF THE ORDER NO.XD3-248635/20 DATED 16.09.2023 ISSUED BY THE 2ND RESPONDENT. Annexure A18 TRUE COPY OF THE INTERIM ORDER DATED 13.11.2023 IN O.A (EKM) NO.1777/2023 ON THE FILES OF THIS HON'BLE TRIBUNAL. Exhibit P1 TRUE COPY OF THE OA(EKM) NO.1915/23 Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 27.11.2023 IN OA(EKM) NO.1915/23. RESPONDENT EXHIBITS Exhibit R1(A) A TRUE COPY OF THE ENQUIRY REPORT NO. XVIG-175/2022 (VE 19/2022) DATED 4-6-2022 SUBMITTED BY THE EXCISE VIGILANCE OFFICER Exhibit R1(B) A TRUE COPY OF THE REQUEST DATED 29-9-2023 UNDER THE RIGHT TO INFORMATION ACT, 2005 SUBMITTED BY THE 1ST RESPONDENT BEFORE STATE PUBLIC INFORMATION OFFICER, VACB, PALAKKAD Exhibit R1(C) A TRUE COPY OF THE REPLY NO.RTI -4214/2023/PKD DATED 20-10-2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, VACB, PALAKKAD Exhibit R1(D) A TRUE COPY OF THE G.O. (RT) NO. 741/2023/TAXES DATED 26-10-2023 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT) Exhibit R1(E) A TRUE COPY OF THE G.O.(RT) NO. 865/2023/TAXES DATED 8-12-2023 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT) Exhibit R1(F) A TRUE COPY OF THE G.O.(RT) NO. 859/2023/TAXES DATED 5-12-2023 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT) Exhibit R1(G) A TRUE COPY OF THE G.O.(RT) NO. 103/2024/TAXES DATED 3-2-2024 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT)** OP(KAT)Nos.545 and 548 of 2023 9 **Exhibit R1(H) A TRUE COPY OF LETTER NO. TAXESF1/196/2023-TAXES DATED 22-2-2024 ISSUED BY THE 1ST PETITIONER IN THE O.P.(KAT)**