IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ.
Namitha S. – Petitioner
Versus
State Of Kerala, Represented By The Secretary To Government, Revenue Department – Respondent
OP(KAT) NO. 118 OF 2026
Decided On : 22-05-2026
| Table of Content |
|---|
| 1. overview of the background of the case, the administrative tribunal's order, and the disciplinary charges against the applicant. (Para 1 , 2 , 3 , 4) |
| 2. summary of rival contentions regarding procedural fairness and the scope of challenging findings in original applications. (Para 5 , 6 , 7) |
| 3. the scope of high court's supervisory jurisdiction under article 227 of the constitution in reviewing orders of lower courts or tribunals. (Para 8 , 9 , 10 , 11 , 13) |
| 4. application of legal principles to the case, confirming that lower tribunals acted within their authority and dismissing the appeal. (Para 14 , 15 , 16) |
JUDGMENT :
Muralee Krishna S., J.
The applicant in O.A.No.564 of 2022 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 Ext.P7 order dated 07.08.2025 passed by the Tribunal in that original application as well as the Ext.P9 order dated 09.01.2026 passed by the Tribunal in R.A.No.3 of 2026 filed by the petitioner seeking review of Ext.P7 order.
2. The petitioner entered Government service as a Lower Division Clerk/Village Assistant in the year 2000 at Taluk Office, Punalur. While she was working as a Village Officer, she was placed under suspension on the allegation that she received a bribe of Rs.20,000/- to facilitate the removal of building waste with the help of a JCB from the property of one Gopakumar, which had been dumped in the property of one Ambika. Later, she was imposed with a punishment of barring two increments with cumulative effect. Contending that there is no evidence to impose the aforesaid penalty, the petitioner approached the Tribunal by filing O.A.No.564 of 2022, invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs;
“i) To issue appropriate orders directing the respondents to call for the records pertaining to the issuance of Annexures A7, A9 and A11 order barring increment for 2 years with cumulative effect and quash the same.
ii) To issue appropriate orders directing the respondents to quash Annexures A9 and A11 orders rejecting the appeal by the Land Revenue Commissioner and the rejection of the Review before the Government as the findings are based on mere assumptions and presumptions.
iii) To issue appropriate orders to quash Annexures A2, A7, A9 and A11 orders passed by the respondents as it is illegal arbitrary and without any evidence.
iv) To issue appropriate orders directing the respondents to regularize the period of suspension from 18.03.2017 to 12.12.2017 as duty for all purposes including increment promotion, pension and all other service benefits.
v) To issue appropriate orders directing the respondents to restore the benefits lost to the applicant due to the issuance of Annexures A7, A9 and A11 orders v(a)) To issue appropriate orders directing the respondents to quash Annexure A4 formal enquiry report.”
3. In the original application, on behalf of the 1st respondent, a reply statement dated 24.03.2023 was filed opposing the reliefs sought for. Similarly, on behalf of the 3rd respondent, a reply statement dated 30.06.2022 was filed refuting the averments in the original application. Thereafter, the petitioner filed a rejoinder on 14.06.2023 in the original application.
4. After considering the rival contentions, the Tribunal by Ext.P7 order dated 07.08.2025 dismissed the original application. The petitioner then filed R.A.No.3 of 2026 before the Tribunal, contending that there is an error apparent on the face of the record in the impugned Ext.P7 order. But, by Ext.P9 order dated 09.01.2026, the Tribunal dismissed the Review Application also. Being aggrieved, the petitioner is now before this Court with this Original Petition.
5. Heard the learned counsel for the petitioner-applicant and the learned Senior Government Pleader for the re
Shalini Shyam Shetty v. Rajendra Shankar Patil
Jai Singh v. Municipal Corporation of Delhi
The High Court's supervisory jurisdiction under Article 227 is not appellate; it is restricted to correcting manifest errors or perversity and cannot be invoked to reassess factual findings of a subo....
The High Court's supervisory jurisdiction under Article 227 is limited and does not permit interference unless there is gross violation of legal principles.
Article 227 supervisory jurisdiction limited to patent perversity or manifest injustice; no interference with Tribunal's enforcement of final service benefits order.
The High Court's supervisory jurisdiction under Article 227 cannot be employed to correct all errors of lower courts; it is exercised only in cases of grave dereliction of duty or manifest injustice.
The High Court, under Article 227 supervisory jurisdiction, cannot re-adjudicate findings of fact or substitute its own judgment for that of a tribunal unless the decision is palpably perverse, contr....
The High Court, under Article 227, upheld that disciplinary proceedings were lawfully conducted, with minor penalties validly imposed, affirming limited grounds for supervisory review over administra....
The High Court's supervisory power under Article 227 allows for interference only in cases of gross injustice or procedural lapses, reaffirming that a probationer's termination must follow proper inq....
The High Court's supervisory jurisdiction under Article 227 of the Constitution is limited to correcting patent perversity or manifest errors and cannot be exercised as an appellate authority to re-e....
The court upheld that the High Court's supervisory role under Article 227 limits intervention to severe errors, while reaffirming settled matters should not be reopened.
The High Court's supervisory jurisdiction under Article 227 does not allow interference unless there is a manifest error or flagrant abuse of justice by the Administrative Tribunal.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.