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2026 Supreme(Ker) 720

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

Advocates Appeared:
For the Petitioner: Sri.S.P.Aravindakshan Pillay, Shri.Peter Jose Christo, Sri.S.A.Anand, Smt.K.N.Remya, Smt.L.Annapoorna, Smt.Aswathy N., Smt.Liya Mol Baby
For the Respondent: Smt. Princy Xavier, Sr. Gp

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 subordinate tribunal or consider new grounds of challenge not raised initially.

Headnote:The petitioner challenged orders of the Administrative Tribunal confirming the disciplinary penalty of barring two increments with cumulative effect imposed upon an allegation of bribery. The petitioner invoked the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India, alleging violations of natural justice during the enquiry, specifically the lack of opportunity to cross-examine witnesses. The Court held that supervisory jurisdiction is not appellate in nature and cannot be used to re-evaluate evidence unless there is patent perversity or manifest failure of justice. Issues raised included the scope of judicial review under Art. 227 and whether the Tribunal erred in confirming the disciplinary order. The Ratio Decidendi establishes that the High Court, in exercising supervisory jurisdiction, cannot sit in appeal over findings of a tribunal unless the findings are palpably perverse or the procedure flouts fundamental principles of justice. Since the contention regarding cross-examination was not raised in the initial application, the Court found no error in the Tribunal's dismissal of the review application. The final outcome is that the original petition is dismissed.

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

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