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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR. JUSTICE MURALEE KRISHNA S., JJ
Kerala Tourism Development Corporation Limited – Appellant
Versus
Benny Mathew S/o Mathai Mathew – Respondent
JUDGMENT :
Muralee Krishna, J.
W.A. No.828 of 2023 is filed by the respondents and W.A. No.1129 of 2023 is filed by the petitioner in W.P.(C)No.19573 of 2021 challenging the judgment dated 10.01.2023 passed by the learned Single Judge whereby Ext.P3 order dated 07.06.2021 passed by the 1st appellant the Kerala Tourism Development Corporation Ltd. (‘KTDC’, in short) in W.A. No.828 of 2023, dismissing the appeal filed by the respondent in that writ appeal against the disciplinary action was set aside and the matter was sent back to the 1st appellant for reconsideration of the appeal specifically taking note of the findings in Ext.P1 judgment dated 19.03.2020 passed by another learned Single Judge in W.P.(C) No.16227 of 2017. For convenience, the parties are hereinafter referred to in this judgment as they were in the writ petition.
2. The petitioner was appointed as a Company Secretary in Financial Controller in the 1st respondent KTDC in the year 2012 and was on probation for a year. He was placed under suspension on 24.04.2013, pending disciplinary proceedings. By Ext.P5 proceedings dated 19.01.2015 of the 2nd respondent Managing Director, his service was terminated with immediate eff
The Appellate Authority must consider the merits of disciplinary proceedings and the stigma of dismissal, rather than merely conducting a judicial review.
The Appellate Authority must consider the merits of disciplinary proceedings and the stigma of dismissal, rather than merely conducting a judicial review.
The rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
The main legal point established in the judgment is the requirement for the disciplinary authority to follow the principles of natural justice, record tentative reasons for disagreement with the inqu....
Judicial review of disciplinary actions is limited to ensuring due process was followed, not to reassess the proportionality of punishment unless it is shockingly disproportionate.
Probationary employees have limited protections under Article 311, permitting non-stigmatic terminations based on suitability assessments without the full rigor of disciplinary proceedings.
Disciplinary proceedings abate upon the death of the employee, and sufficient evidence must support removal actions to ensure legality.
An order revoked by an authority lacking jurisdiction is void ab initio, and promotion may be withheld during the pendency of an appeal and disciplinary proceedings.
Point of Law : Service matter - Unauthorized and deliberate absence – Dismissal from service - Despite serious warning having been given to petitioner time and again by authorities concerned from ver....
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