IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 8^TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 OP(KAT) NO. 104 OF 2022 AGAINST THE ORDER DATED 30.03.2022 IN OA (EKM) NO.520/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM PETITIONER/APPLICANT:

DR. K.G BIJU AGED 50 YEARS, S/O. DR. LATE GANGADHARAN, VETERINARY SURGEON, VETERINARY DISPENSARY, MARAYOOR, DEVIKULAM TALUK IDUKKI DISTRICT, PIN - 685 620, NOW UNDER SUSPENSION, RESIDING AT DEVA DEYAM , KONGANAR HOUSE, ENGNDIYOOR P.O, THRISSUR, KERALA. , PIN - 680615 BY ADVS.

T.V.GEORGE LINDA GEORGE RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO AGRICULTURE AND FARMERS WELFARE (AH) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,695 001, KERALA.

2 THE DIRECTOR OF ANIMAL HUSBANDRY DIRECTORATE OF ANIMAL HUSBANDRY DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM, 695033, KERALA.

3 DISTRICT INTERNAL COMPLAINTS COMMITTEE REP BY ITS PRESIDING OFFICER AND DISTRICT CO-ORDINATOR, ANIMAL DISEASE CONTROL PROJECT, RAILWAY STATION ROAD, KASARAGOD, PIN- 671 121,KERALA.

4 DISTRICT COLLECTOR KASARAGOD, OFFICE OF THE DISTRICT COLLECTOR, KASARAGOD, PIN - 671 123, KERALA.

5 THE DISTRICT ANIMAL HUSBANDRY OFFICER OFFICE OF THE DISTRICT ANIMAL HUSBANDRY OFFICER, KASARAGOD, PIN - 671 123, KERALA.

6 PRESIDING OFFICER INTERNAL-COMPLAINTS COMMITTEE, KASARAGOD, RISHIKESH, P.M SHETTY ROAD, NULLIPADY, KASARAGOD, PIN - 671 121, KERALA.

OTHER PRESENT:

SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON

08.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS & VIJU ABRAHAM, JJ.

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O.P.(KAT) No.104 of 2022 [arising out of order dated 30.03.2022 in O.A. (Ekm) No.520/2022 on the file of the KAT, Ekm Bench]

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Dated this the 08^th day of April, 2022

JUDGMENT

Alexander Thomas, J.

The prayers in the instant original petition, filed under Articles

226 & 227 of the Constitution of India are as follows:-

“A) Set aside Annexure A3 suspension order dtd 18.2.2022.

B) Set aside Annexure A4 report filed by the 6^th respondent committee dtd 29.9.20 and Annexure A5 report dtd 12.7.21 filed by the 3^rd respondent committee as they are highly wrong, illegal and unsustainable.

C) Pass an order directing to stop all further disciplinary proceedings initiated against the petitioner based on Annexure A4 and A5 reports D) Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.”

2. Heard Sri.T.V. George, learned counsel appearing for the petitioner in the original petition/applicant in the original application and Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader, appearing for the respondents in the original petition/respondents in the original application.

3. The prayers in the instant Ext.P1 original application, O.A.

(Ekm) No.520/2022, filed by the petitioner herein before the Kerala Administrative Tribunal, Ernakulam Bench, are as follows:-

“i) Call for the entire records relating to the above case and order to setaside Annexure A4 – report prepared by the Internal committee led by the 6^th respondent.

Setaside Annexure A5- report presented by subcommittee of Distirict level Internal committee, led by the 3^rd respondent And Setaside Annexure A3- suspension order No:91/2022 dated 18.2.2022 issued by the 1^st respondent against the applicant ii) Pass an order declaring to stop/close forthwith all disciplinary proceedings initiated against the applicant on the basis of Annexures A4 and A5-reports presented by the 6^th and 3^rd respondents.

iii) Award full cost of the application.”

4. The interim prayer raised in Ext.P1 original application is as follows:-

“This Hon’ble Tribunal may be pleased to stay all further proceedings initiated against the applicant, pursuant to the issua