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2023 Supreme(Ker) 891

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Amalraj S, S/o Sivadasan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : CHITRA VIJAYAN, S.VIJAYAN, V.PRINCE DEV, JINSON OUSEPH
For the Respondent: SMT.VINITHA.B.

JUDGMENT :

Spoke. Oral judgment dated 16.10.2023 of this Court is recalled.

2. This OP(KAT) is filed by the applicant in OA No.1369 of 2019 before the Kerala

Administrative Tribunal, Thiruvananthapuram Bench (for short, “the Tribunal”).

3. The original application was filed seeking to call for the records leading to Annexures A8, A10, A12 & A16 and to quash the same. The Tribunal, after hearing both sides, has rendered the impugned order dated 02.12.2021 finally disposing of OA No.1396 of 2019 with the finding that the imposition of penalty on the applicant is only a minor one, barring of three increments without cumulative effect, which cannot be said to be harsh or disproportionate. It was also held that no serious prejudice would be caused to the applicant and any interference with the impugned orders will have serious ramification in a disciplined force. It is challenging this order, the original petition under Article 227 of the Constitution of India has been filed by the applicant seeking to set aside Ext.P2 order in OA No.1396 of 2019 on 02.12.2021 passed by the Tribunal, .

4. We have heard Sri.Jinson Ouseph, the learned counsel appearing for the petitioner/applicant and Smt.Vini

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