Appellate Body Must Reconsider Cases Of Disciplinary Proceedings With No Evidence, Not Merely Reiterate Previous Orders: Kerala High Court

The Kerala High Court recently held that when there is no evidence linking the accused to the incident in disciplinary proceedings, the appellate authority must reconsider the case by addressing specific contentions without merely reiterating the previous orders.

Justice Devan Ramachandran held thus:

“I am, therefore, of the firm view that the appeals of the petitioners before the Executive Committee of the “Council” must be reconsidered, after affording them necessary opportunities of being heard, addressing their specific contention that this is a case where there is no evidence at all to link them to the alleged incident and further that said incident never did happen, as could be established by them from the evidence and testimony of the witnesses. The question whether the punishment imposed against them would require a further reduction on account of the various other mitigating factors as may be noticed or projected, should also cease the attention of the said Executive Committee.”

The petitioners were challenging the disciplinary orders issued against them on the allegation that they were involved in a scuffle. The disciplinary order issued by the Enquiry Officer barring three increments was upheld by the Appellate Authority. They preferred a second appeal, which also upheld the punishment but reduced it to two increments.

The counsel for the petitioners submitted that orders against them were untenable as they were Issued with orders with a preconceived Impression that they were Involved In the scuffle. They argue that there was no evidence at all against them.

The counsel for the respondent argued that the final appellate authority has deliberated upon every aspect Involved In this case, to hold that the scuffle did occur and that the petitioners were guilty, thus Imposing upon them a lesser punishment, taking into account their plea for mitigation.

The court found that the order of the second appellate body has not reconsidered the specific materials gathered In the enquiry, such as evidence and testimony of witnesses. It held that the order of appellate body does not mention any details especially when the petitioners allege that there was no evidence to their culpability. The Court opined that the second appellate body proceeds on the notion that the petitioner were Involved In the scuffle, when there was no evidence at all to link them to the Incident. It held thus:

" As already recorded above, the Impugned order of the Executive Committee of the "council" merely says that they had deliberated upon the case, thus being convinced that the scuffle did happen and that petitioners were Involved In the same. No details are mentioned In the appellate order, particularly when the petitioners have a specific contention that such a scuffle never happened; and alternatively that even If It had occurred the depositions and evidence would bear testimony that they were not involved in it all. As said above, In short, the case of the petitioners Is that there Is no evidence at all to link them with the alleged Incident and that, therefore the Authorities have erred In finding them guilty."

The Court quashed the order issued by the second appellate body and directed it to be reconsidered.

Case Title: Dr Raju Antony V Kerala State Council For Science, Technology And Environment And Connected Cases

Citation: 2023 LiveLaw (Ker) 436

Case number: WP(C) Nos.30687/2021 & Connected cases

Counsel for the Petitioners: Advocates S.K.Adhithyan , Keerthi S. Jyothi, T.A.Unnikrishnan, K.K.Akhil, P.V.Anil, V.S.Lija, A.Chandra Babu

Counsel for the Respondents: Advocates P.C.Sasidharan, C.K.Karunakaran

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