Kerala High Court
OP(KAT)/180/2025 of K.R. SMITHA Vs STATE OF KERALA on 11 April 2025
O.P. (KAT) No.180 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 OP(KAT) NO. 180 OF 2025 AGAINST THE ORDER DATED 10.10.2024 IN
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
OP(KAT) NO. 180 OF 2025
AGAINST THE ORDER DATED 10.10.2024 IN OA (EKM)
NO.667 OF 2022 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT IN OA:
K.R. SMITHA, AGED 52 YEARS, D/O K. BHANUMATHY, JUNIOR SUPERINTENDENT, OFFICE OF THE DISTRICT
EDUCATION OFFICER, DOWN HILL, MALAPPURAM – 676
501 RESIDING AT KUNNATH HOUSE, PUZHITHARA, KOTTAKKAL, MALAPPURAM., PIN – 676 503
BY ADV J.G.SYAMNATH
RESPONDENTS/RESPONDENTS IN OA:
STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN –
695 001
THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM., PIN – 695 014
THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM., PIN – 676 519
SUNILKUMAR KURIAKOSE GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
J U D G M E N T
A. Muhamed Mustaque, J. The petitioner, challenging disciplinary action, approached the Kerala Administrative Tribunal. The Tribunal found that the petitioner had not invoked the appellate remedy, and relegated the petitioner to approach the appellate forum for challenging that disciplinary action. If that be the case, we need not interfere with the matter, as the petitioner has not exhausted her statutory remedy. With liberty to approach the appellate forum, this original petition is disposed of. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE PR
APPENDIX OF OP(KAT) 180/2025 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE MEMO OF CHARGES NO. VB6/7757/19/DGE (II) DATED 04-01-2020 FROM THE 2ND RESPONDENT TO THE APPLICANT Annexure-A2 TRUE COPY OF THE WRITTEN OBJECTION DATED 21-01-2020 FROM THE APPLICANT TO THE 2ND RESPONDENT Annexure-A3 TRUE COPY OF THE LETTER NO. GEN. EDN. DPT. C-3/21/2020/GEN.EDN.DPT DATED 26- 03-2021 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT Annexure-A4 TRUE COPY OF THE PROCEEDINGS NO.D1/1978/2021/DGE DATED 04-05-2021 OF
Annexure-A5 TRUE COPY OF THE LETTER NO.VB/3/7757/2019/DGE DATED 20-07-2021 FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT Annexure-A6 TRUE COPY OF THE ORDER IN O.A.(EKM) NO. 1501/2021 DATED 23-09-2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM Annexure-A7 TRUE COPY OF THE ORDER IN O.A.(EKM) NO. 1501/2021 DATED 2-12-2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM Annexure-A8 TRUE COPY OF THE ORDER NO. 5654/2021/GEN.EDN.DPT. DATED 04-12-2021 OF THE 1ST RESPONDENT Annexure-A9 TRUE COPY OF THE PROCEEDINGS NO. VB3/7757/2019/DGE DATED 08-12-2021 OF
Annexure-A10 TRUE COPY OF THE ORDER DATED 22-12-2021 IN OA(EKM) NO. 2037/2021 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ADDL. BENCH, ERNAKULAM Annexure-A11 TRUE COPY OF THE ENQUIRY REPORT NO. V.B3/7757/2019/DGE DATED 21-02-2022 FROM THE 2ND RESPONDENT Annexure-A12 TRUE COPY OF THE SHOW CAUSE NOTICE NO. V.B.3/7757/2019/DGE DATED 05-04-2022 FROM THE 2ND RESPONDENT Annexure-A13 TRUE COPY OF THE LETTER DATED 29-04- 2022 FROM THE APPLICANT TO THE 2ND RESPONDENT Annexure-A14 TRUE COPY OF THE PROCEEDINGS NO. V.B.3/7757/2019/DGE DATED 10-05-2022 FROM THE 2ND RESPONDENT Annexure-R2(a) TRUE COPY OF THE HEARING NOTICE NO. VB3/7757/2019/DGE DATED 04-05-2022 OF THE DIRECTORATE OF GENERAL EDUCATION Annexure-R2(b) TRUE COPY OF RECEIPT GIVEN BY SRI.VIPIN S. DATED 03-05-2022 Exhibit-P1 A TRUE COPY OF THE ORDER DATED 10.10.2024 OF THE KERALA ADMINISTRATIVE TRIBUNAL (ADDITIONAL BENCH, ERNAKULAM) IN O.A. (EKM) NO. 667 OF 2022 Exhibit-P2 A TRUE COPY OF THE ORIGINAL APPLICATION AND ITS ANNEXURES DATED 10.10.2024 OF THE KERALA ADMINISTRATIVE TRIBUNAL (ADDITIONAL BENCH, ERNAKULAM) IN O.A. (EKM) NO. 667 OF 2022