The Court has the authority to modify the timelines set by administrative tribunals for disciplinary proceedings to ensure timely resolution.

Anil K. Narendran, J.

The 4^th respondent in O.A.No.1841 of 2025 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram, has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , seeking an order to set aside Ext.P2 order dated 03.12.2025 of the Tribunal in that original application, which was one filed by the 1^st respondent herein-applicant, invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking the following reliefs;

“1. declare that the disciplinary proceedings initiated against the applicant as per Annexure A2 and Annexure A5 government orders are liable to be finalized without further delay and the applicant is entitled to be sanctioned and disbursed the entire retirement benefits with interest at the rate of 12% per annum from 01.06.2025 till the date of payment.

2. direct the respondents to finalise the proceedings initiated against the applicant as per Annexure A2 and Annexure A5 government orders and sanction and disburse the entire retirement benefits including regular pension, DCRG, Commuted value of Pension and value of Leave Surrender to him with interest at the rate of 12% per annum from 01.06.2025, within a time limit to be fixed by this Hon'ble Tribunal.”

2. By Ext.P2 order dated 03.12.2025, the Tribunal disposed of O.A.No.1841 of 2025 with the directions contained in paragraph 8 of that order. Paragraphs 7 and 8 and also the last paragraph of Ext.P2 order read thus;

“7. We find that the 1^st departmental proceeding was initiated against the applicant with regard to registration of a crime in 2011 and the 2^nd disciplinary action is with regard to lack of supervision in Crime No.627/2022. The applicant retired on 31.05.2025 and till this date the above disciplinary proceedings have not been finalized. The respondents have no case that the applicant had not co-operated with the enquiry proceedings.

8. After going through the averments in the reply statement filed by the respondents, we direct the respondents to finalize the disciplinary proceedings initiated as per Annexure A2 within a period of two months from the date of receipt of a copy of this order. In the 2^nd disciplinary proceeding initiated as per Annexure A5 the PSC is directed to give advice as sought in the Government letter No.H1/13/2025/H dated 19.09.2025 within a period of two weeks. On getting the PSC advice, further steps shall be taken by the 1^st respondent within a further period of two weeks. After finalizing the departmental proceedings, the entire pensionary benefits due to the applicant shall also be disbursed in accordance with law, at any rate, within a period of two months thereafter.

Accordingly, the original application is disposed of.”

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3. Heard the learned Standing Counsel for the Kerala Public Service Commission for the petitioner-4^th respondent, the learned counsel for the 1^st respondent-applicant and also the learned Senior Government Pleader for respondents 2 to 5.

4. Grievance of the petitioner is regarding the time limit fixed in Ext.P2 order dated 03.12.2025 of the Tribunal for giving advice by the Public Service Commission to the State Government. The time limit fixed in Ext.P2 order is only two weeks.

5. During the course of arguments, the learned Standing Counsel for the Public Service Commission would explain the procedure to be followed by the Public Service Commission for giving advice to the State Government in matters relating to disciplinary proceedings.

6. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this original petition by modifying the time limit fixed in paragraph 8 of Ext.P2 order of the Tribunal to give advice by t