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2023 Supreme(Ker) 441

ALEXANDER THOMAS, C. JAYACHANDRAN
State Of Kerala, Represented By The Principal Secretary, Public Works Department – Appellant
Versus
Jalaja O. , W/o. Suresh Babu V. – Respondent


Advocates Appeared:
For the Petitioners: Sri.B.Unnikrishna Kaimal.
For the Respondent: Smt.Rekha Vasudevan.

JUDGMENT :

1. The afore-captioned Original Petition instituted under Articles 226 and 227 of the Constitution of India is directed against the impugned Ext.P4 final order rendered by the Kerala Administrative Tribunal, Thiruvananthapuram on 9.12.2022 in O.A.No.1959/2021, whereby it has been ordered that the impugned Annexure-A12 penalty order dated 03.09.2021 imposing penalty of bar of the increment with cumulative effect for two years, will stand set aside and that the applicant shall be entitled to all consequential benefits including declaration of probation without any further delay etc.

2. The petitioners herein are the respondents in the Original Application. The sole respondent herein is the sole applicant in the Original Application.

3. Heard Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for the petitioners in the Original Petition and Smt.Rekha Vasudevan, learned counsel appearing for the sole respondent herein.

4. The above Original Petition has arisen out of the final order rendered on 9.12.2022 in Ext.P1 O.A.No.1959/2021, filed by the respondent herein before the Tribunal. The prayers in Ext.P1 O.A.No.1959/2021 are as follows

    “a. To set aside Annexur

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