Kerala High Court Upholds Order For Reconsideration Of Disciplinary Proceedings; Says Compensation Can’t Be Granted Without Completion Of Departmental Proceedings
The Kerala High Court dismissed the Appeal filed by Kerala Tourism Development Corporation Ltd. challenging the decision of the Single Bench.
Justice Anil K. Narendran, Justice Muralee Krishna S., Kerala High Court
The Kerala High Court upheld the Single Bench's decision directing reconsideration of disciplinary proceedings, stating that compensation cannot be granted without proper completion of the departmental proceedings merely because a long period had elapsed since termination.
The Court dismissed the Appeal filed by Kerala Tourism Development Corporation Ltd. (KTDC/Appellant), challenging the decision of the Single Bench, which directed reconsideration of disciplinary proceedings.
A Division Bench of Justice Anil K Narendran and Justice Muralee Krishna S held, “Having considered the pleadings and materials on record and the submissions made at the Bar, we find no sufficient ground to interfere with the impugned judgment passed by the learned Single Judge and accordingly the appeals stand dismissed.”
Advocate Thoufeek Ahamed appeared for the Appellants, while Advocate K. B. Sounder Rajan represented the Respondent.
Brief Facts
The Respondent was dismissed from service while he was working as a probationer with KTDC, on the allegation that he undertook private work without prior permission. Consequently, disciplinary proceedings were initiated against him, and based on the domestic enquiry, he was terminated from service.
The Single Bench found that the Respondent did not have any case that there was any violation of principles of natural justice and violation of procedural formalities in conducting the inquiry pursuance to which the disciplinary action was taken against him. However, finding that the Appellate Authority has not considered the stigma that would be caused on the service career of the petitioner due to the punishment of dismissal and also considering the overall circumstances of the case, the matter was once again directed to be considered by the Appellate Authority.
Court’s Reasoning
The High Court remarked, “The learned Single Judge found that the petitioner has no case that there is any violation of principles of natural justice and violation of procedural formalities in conducting the domestic enquiry. The reconsideration of the appeal filed by the petitioner was ordered by the learned Single Judge to consider whether a punishment of discharge from service was not sufficient in the circumstances of the case in the light of the observations made in that judgment.”
The Bench noted, “With the risk of repetition, we may note that in Ext.P1, the learned Single Judge found that the petitioner has no case that there is any violation of principles of natural justice and violation of procedural formalities in conducting the domestic enquiry. The reconsideration of the appeal filed by the petitioner was ordered by the learned Single Judge to consider whether a punishment of discharge from service was not sufficient in the circumstances of the case in the light of the observations made in that judgment.”
Consequently, the Court held, “Merely for the reason that a long period has elapsed after the termination of the petitioner from service, it cannot be possible to direct the respondents to pay him compensation without a proper culmination of the departmental proceedings. In such circumstances, the impugned judgment passed by the learned Single Judge cannot be said as illegal.”
Accordingly, the High Court dismissed the Appeal.
Cause Title: Kerala Tourism Development Corporation Limited v. Benny Mathew (Neutral Citation: 2025:KER:18636)
Appearance:
Appellants: Advocate Thoufeek Ahamed; Standing Counsel P.A. Ahamed
Respondent: Advocate K.B. Sounder Rajan