The High Court's supervisory jurisdiction under Article 227 does not permit interference unless there is a gross error or violation of principles of natural justice in lower court or tribunal findings.

JUDGMENT

Muralee Krishna, J.

The applicant in O.A.No.53 of 2019 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (the ‘Tribunal’ for short), filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the order dated 28.10.2024 passed by the Tribunal in that original application.

2. Going by the averments in the original application, the petitioner was enlisted into service as a Police Constable of the Kerala Armed Police Battalion V (KAP V) on 01.02.1993 through the Kerala Public Service Commission. The petitioner suffered swelling and pain in his both knee joints which rendered him incapable of performing his official functions and was constrained to go on medical leave as per Annexure A8 Leave Rolls from 06.11.2004 to 13.06.2005 and further medical certificates were not accepted based on the report of One Man Medical Board consisting of an Ayurveda Doctor disregarding the Medical Records of Doctors of Government Hospitals who had treated the petitioner. Consequently, the petitioner was declared as a Deserter as per Annexure A1 order dated 22.11.2005 of the 2^nd respondent issued in violation of Rule 19 of the Kerala Police Departmental Inquiries, Punishment & Appeal Rules, 1958 (‘KPDIP & A Rules’ in short). An Oral Enquiry was subsequently ordered, resulting Annexure A2 PR Minutes dated 10.10.2007 which eventually ended up in the finalisation of the disciplinary proceedings as per Annexure A3 order dated 21.05.2008 of the 2^nd respondent, imposing major punishment of withholding of increments for 2 years, with cumulative effect. The petitioner joined the service, and his period of absence on medical grounds was regularised as eligible leave otherwise than on medical grounds. Being aggrieved, the petitioner submitted Annexure A5 review before the 1^st respondent as per Rule 36A of KPDIP & A Rules, praying for reviewing Annexure A3 punishment and for regularisation of leave period as LWP on medical grounds and for the purpose of increments, pension, DCRG, etc., and moved the Tribunal through O.A.No.25 of 2018. The Tribunal by Annexure A6 order dated 05.01.2018 directed to consider Annexure A5 within a period of 3 months which was not complied and therefore the petitioner was constrained to move C.P.No.100 of 2018 before the Tribunal and during the pendency of the said C.P., the 1^st respondent by Annexure A7 order dated 20.07.2018 rejected the review petition of the petitioner and by Annexure A9 order dated 23.10.2018 granted 2^nd Higher Grade by stating that the punishment of 2 year increment bar with cumulative effect and 2267 days will not be reckoned as qualifying service. Being aggrieved, the petitioner- applicant approached the Tribunal with the original application filed under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:

“(i) To call for the records leading to Annexure A1, Annexure A2, Annexure A3, Annexure A7 & Annexure A9 and set aside the same.

(ii) To declare that the leave availed by the applicant for the period from 06.11.2004 to 26.06.2005 as LWA on Medical Grounds and shall be reckoned as qualifying service for the purpose of Increments, Higher Grade, Pension, and Gratuity and to issue direction to the 2^nd respondent to Grand 2^nd Higher Grade and arrears of increments forthwith.

(iii) To regularize the period from 27.06.2005 to 28.05.2008 roughly around 2 years and 11 months as qualifying service for duty purpose