Major penalties against employees cannot be imposed during pending criminal proceedings without following required disciplinary procedures.

JUDGMENT Sushrut Arvind Dharmadhikari, J.

The present intra-court appeal under Section 5 of the Kerala High Court Act , 1958 assails the judgment dated 31.10.2025 passed in WP(C) No.29179/2024 whereby the Writ Petition filed by the appellant has been disposed of without interfering with the orders impugned and has directed the respondents 2 to 7 to adopt sealed cover procedure for protecting the promotional prospects of the appellant/petitioner. The learned Single Judge also directed that recovery of alleged excess amounts paid to the appellant, if any shall stand deferred till the Criminal Court passes final order in the criminal proceedings.

2. The appellant herein had filed the Writ Petition praying for the following reliefs:

“(i) To issue an appropriate writ of certiorari or any other appropriate writ or order or direction to call for records leading to Exhibit Pll and to quash Exhibit P1, Exhibit P4, Exhibit P7 and Exhibit Pll as illegal, arbitrary and issued in violation of Articles 14, 16 and 21 of the Constitution.

(ii) To declare that the petitioner is entitled repatriate to the Operations department without losing his seniority from the year he earlier joined the Operations department.

(iii) To issue appropriate writ or order directing the respondents to repatriate the petitioner to operations department without losing his seniority from the year he joined the Operations department. OR (iv) To direct the second respondent to select the petitioner laterally to Airport Operations Department as a special case without losing his service or seniority.”

Facts:

3. The brief facts of the case are that the appellant is working as Assistant Manager (ATM) at Trivandrum International Airport. When the appellant was working at the Calicut International Airport, a confrontation took place in the Airport between CISF and Fire & Safety staff on 10.06.2015. The appellant was implicated in an FIR. SC No.100503/2017 is pending before the Magistrate's Court, Manjeri. The respondents fully knowing the innocence of the appellant did not initiate any departmental action against him. The appellant was surprised when he was all of a sudden excluded from “Own the Job Training” (OJT) without any reason. The appellant filed representations against the said exclusion. Since nothing was heard from the respondents, the appellant filed WP(C) No. 28077/2020 challenging the denial of OJT. The Writ Petition was disposed of directing the 2^nd respondent to consider the grievance of the appellant and pass orders. The representation was however rejected. The appellant filed another writ petition, WP(C)No.6151/2023. Pursuant to the judgment in the Writ Petition, the 2^nd respondent issued yet another memorandum dated 05.10.2023. The appellant preferred Ext.P4 appeal before the 2^nd respondent. The 1^st respondent dismissed the appeal as per Ext.P6 order. The appellant was subsequently appointed as Junior Executive/Assistant Manager and later promoted as Junior Executive on 12.10.2017. Thereafter, he was again promoted on 12.05.2023 as Assistant Manager (ATC). It came to the knowledge of the respondents that a Criminal FIR is pending against the appellant and therefore, Ext.P10 showcause memorandum dated 06.06.2024 was issued alleging that he had not disclosed pendency of a criminal case and asked to showcause as to why he should not be reverted as Senior Assistant, Fire Services. The respondents without considering Ext.P11 reply, issued Ext.P12 order dated 02.08.2024 reverting the appellant from the Executive Post of Assi