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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
State of Kerala – Appellant
Versus
Pushparani L. W/o A. Chandran – Respondent
| Table of Content |
|---|
| 1. challenge to the tribunal's order. (Para 1 , 2) |
| 2. outcome: original petition allowed, order set aside. (Para 4) |
| 3. arguments on disciplinary proceedings and promotion. (Para 6 , 7) |
| 4. scope of high court's supervisory jurisdiction. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. application of selected rules and principles regarding promotions. (Para 14 , 18 , 22) |
| 6. requirements for considering caution in criminal/civil proceedings. (Para 15 , 17) |
JUDGMENT :
MURALEE KRISHNA S., J.
1. The respondents 1 to 4 in O.A.No.1919 of 2019 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (the ‘Tribunal’ for short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P4 order dated 26.09.2022 passed by the Tribunal in that original application.
2. Going by the averments in the original application, the 1st respondent is currently working as the State Tax Officer of Circle 1/ Commercial Tax Officer in Kollam District. During the year 2007, while the 1st respondent was working as a Junior Superintendent at the Commercial Tax Office, Neyattinkara, in Thiruvananthapuram District, she h
The High Court affirmed that an employee under investigation for misconduct is ineligible for promotion unless cleared, and the Tribunal improperly directed promotion consideration against establishe....
Exclusion of an officer from a promotion list due to pending vigilance cases is lawful under regulatory provisions, and subsequent acquittals do not retroactively influence prior decisions made by pr....
The court upheld that the High Court's supervisory role under Article 227 limits intervention to severe errors, while reaffirming settled matters should not be reopened.
The mere pendency of disciplinary proceedings cannot be grounds for denying provisional promotion to a qualified member of the feeder category.
Point of law: It is true that going by the abovesaid statutory provision, if the officers are not fully exonerated of the charges, the DPC may decide each case on its own merits. However, the abovesa....
Ongoing disciplinary proceedings prevent inclusion in promotion select lists; temporary promotions can be made, emphasizing timely assessment of eligibility and merits for vacant posts.
An officer against whom an FIR is lodged in a graft case is ineligible for promotion under the Kerala State and Subordinate Services Rules, as established by the court's interpretation of the relevan....
The High Court's supervisory power under Article 227 allows for interference only in cases of gross injustice or procedural lapses, reaffirming that a probationer's termination must follow proper inq....
Denial of promotion based solely on pending criminal proceedings constitutes unjust punishment, especially when trials are unduly delayed.
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