The ruling establishes that a Tribunal cannot quash disciplinary proceedings if the affected party has not included such challenges in their application.

JUDGMENT

ALEXANDER THOMAS, J.

The prayers in the aforecaptioned Original Petition filed under Articles 226 and 227 of the Constitution of India , are as follows;

“1. To set aside Exhibit P4 order dated 18.12.2020 of the Kerala Administrative Tribunal in O.A.No.718/2020.

2. To issue other reliefs this Honourable Court may deem fit in the Original Application.”

2. Heard Sri Antony Mukkath, learned Senior Government Pleader appearing for the petitioners (State of Kerala in the Industries Department and the Director of Industries and Commerce)/ respondents 1 and 2 in the OA before the Tribunal and Sri P.Nandakumar, learned Advocate appearing for the 1st respondent herein (original applicant before the Tribunal). In the nature of the order proposed to be passed, notice to the 2nd respondent will stand dispensed with.

3. The 1st respondent had approached the Kerala Administrative Tribunal, Thiruvananthapuram Bench by filing the instant O.A.No.718 of 2020 seeking quashment and setting aside of the impugned Annexure A4 G.O.(Rt)No.345/2020/ID dated 25.05.2020 issued by the Governmental authorities in the Industries Department, whereby the 1st respondent herein (original applicant) was ordered to be placed under suspension pending disciplinary proceedings. The Tribunal as per the impugned Ext.P4 final order dated 18.12.2020 in O.A.No.718 of 2020 has set aside and quashed the said Annexure A4 suspension order dated 25.05.2020 and has also quashed the disciplinary proceedings referred to therein and has ordered that the original applicant (1st respondent herein) may be reinstated in service in the same post he was working, i.e., as the General Manager of District Industries Centre, Idukki. Incidentally, it is also relevant to note that the 1st respondent herein had also filed another original application, viz; O.A.No.403 of 2020 seeking for quashment of the impugned transfer order dated 20.02.2020, whereby he was ordered to be transferred from Idukki to Wayanad. As a matter of fact, the Tribunal as per Ext.P4 has rendered a common final order dated 18.12.2020 and finally disposed of both the above said Original Applications one in relation to the suspension order and the other in relation to the transfer order.

4. Various submissions have been made by both sides.

Sri Antony Mukkath, the learned Senior Government Pleader appearing for the petitioners would urge that apart from the illegality in quashing the suspension order, it is to be noted that the original applicant had never sought for quashment of the disciplinary proceedings in the prayers in the instant O.A.No.718 of 2020 and as a matter of fact he had in fact instituted and filed a separate original application as O.A.No.944 of 2020 before the same Tribunal seeking for quashment of the said impugned disciplinary proceedings and that the Tribunal has committed an error apparent on the face of record while passing the impugned order Ext.P4 whereby not only the suspension order has been quashed, but also the disciplinary proceedings referred to therein also have been quashed and that too without quashing the memo of charges and without considering the legality and correctness of the memo charges dated 12.06.2020, produced as Ext.P2 herein on Page 127 of the paper book of this case. It is also, inter alia, pointed out by the learned Senior Government Pleader that the quashment of the impugned proceedings, without a plea in that regard in the present OA and without considering the legality or correctness of Ext.P2 memo of charges dated 12.06.2020 and without quashing the said memo of charges would certainly be an error apparent on the face of record, which would require interdiction.

5. After hearing both sides, it is to be noted at the outset that this Court has rendered two separate orders yesterday, viz; order dated 05.01.2021, one in O.P.(KAT)No.3 of 2021 filed by the State authorities challenging the above said common order of the Tribunal rendered on 18.12.2020 in O.A.No.403 of 2020, whi