The authority to issue a Memo of Charges under the Kerala Civil Services Rules is limited to specific designated officials; a Joint Secretary lacks such authority.

JUDGMENT Sushrut Arvind Dharmadhikari, J The present Original Petition filed under Article 227 of the Constitution of India challenges the order dated 30.06.2025 passed in O.A. (Ekm) No. 281/2025, whereby the Tribunal allowed the Original Application in favour of the respondent.

2. The issue which came up before the Tribunal is: “Whether a Joint Secretary to the Government can issue a Memo of Charges under Rule 15 of the Kerala Civil Services (Classification, Control and Appeal) Rules , 1960 to an Additional Director of Health Services, who is in the rank of Additional Secretary to Government?”

3. The brief facts of the case are as follows: The respondent was earlier transferred to Ernakulam as per Annexure A1 order, which was challenged before the Tribunal by filing O.A. No.1903/2024, and the said transfer order was stayed vide order dated 10.12.2024. Thereafter, the respondent filed O.P.(KAT) No.563/2024 before this Court, pointing out subsequent events. This Court, by interim order dated 27.12.2024, directed the petitioners to retain the respondent and maintain status quo as on 09.12.2024 for a period of one month. Subsequently, an order transferring the respondent to Kollam [Annexure A3] was issued. The respondent challenged Annexure A3 in O.A. (EKM) No.137/2025, wherein the Tribunal stayed the transfer. During the subsistence of the stay, the third petitioner issued Annexure A4 charge memo alleging misconduct on the part of the respondent. The respondent challenged Annexure A4 on the ground that the third petitioner lacked the authority to issue the charge memo. The Tribunal, while allowing the Original Application, held that the authority who issued Annexure A4 was not the competent authority to issue the charge memo.

4. The learned Counsel for the petitioners contended that the Tribunal erred in allowing the Original Application, inasmuch as Rule 2(c) of the Rules of Business of the Government of Kerala defines ‘Secretary’ to mean a Secretary to the Government of the State, and includes a Special Secretary, an Additional Secretary, a Joint Secretary, and a Deputy Secretary. As per Annexure R1(a), Government Order dated 02.06.2018, revised orders were issued on the delegation of powers, wherein general powers were delegated to officers holding the post of Assistant to Special Secretary. Therefore, the third petitioner, being the Joint Secretary, is authorized to issue the memo of charges in terms of Annexure R1(a).

5. Per contra, the learned Counsel appearing for the respondent opposed the prayer and submitted that Annexure A4 is not an executive order issued in the name of the Governor, to be signed by the Secretary in accordance with Article 166(2) and (3) of the Constitution of India . The learned Counsel further contended that Annexure R1(a) is not an order issued under the KCS (CC&A) Rules, 1960 empowering a Joint Secretary to issue a memo of charges against an officer in the rank of Additional Director of Health Services. On the contrary, Annexure R1(a)

merely delineates the delegation of powers to various officers in the Secretariat. In any event, since both officers are of the same rank, no charge memo could have been issued by the Joint Secretary. It was argued that the Joint Secretary is neither the appointing authority nor the disciplinary authority of the respondent. Further, the Tribunal, relying on various judgments of the Apex Court, concluded that the Joint Secretary had no authority to issue the charge memo, hence no interference is required in the order of the Tribunal.

6. Heard the learned Counsel for the parties and perused the records.

7. Rule 2(c) Rules of Business of Government of Kerala states that: ‘Secretary’ means a Secretary to the Government of the State and includes a Joint Secretary. For