IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 OP (CAT).No. 3529 of 2011(Z) OA.240/2010 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER KRISHNAKUMAR R., CLERK/TYPIST, OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.J.VIMAL SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SRI.ALAN PAPALI SRI.NISHIL.P.S. SMT.O.V.BINDU RESPONDENTS: 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI-110 001. 2. THE COMPTROLLER & AUDITOR GENERAL OF INDIA, 9, DEEN DAYAL UPADHYAYA MARG, NEW DELHI-110 124. 3. THE DEPUTY COMPTROLLER & AUDITOR GENERAL OF INDIA, (APPELLATE AUTHORITY)9, DEEN DAYAL UPADHYAYA MARG, NEW DELHI-110 124. 4. THE SENIOR DEPUTY ACCOUNTANT GENERAL (ADMN.), OFFICE OF THE ACCOUNTANT GENERAL(A & E), KERALA, THIRUVANANTHAPURAM-695 001. ADV. SRI.V.V.ASHOKAN,SC,IA & AD-INDIAN AUDI FOR R2 TO 4 SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1-2 THIS OP (CAT) HAVINGCOME UP FOR ADMISSION ON 2.11.2011, THE COURT ON 10/11/2011, DELIVERED THE FOLLOWING: O.P. (CAT) 3529/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORIGINAL APPLICATION WITH ITS ANNEXURES A1 TO A5. EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS DATED 29.7.2010 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P3 TRUE COPY OF THE ORDER IN O.A. NO. 240 OF 2010 DATED 18.8.2011 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY /// P.S. TO JUDGE. KNC/- C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = O.P. (CAT) 3529 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 10th DAY OF NOVEMBER, 2011. J U D G M E N T P.S. Gopinathan, J. Petitioner is the applicant in O.A. 240 of 2010 on the file of the Central Administrative Tribunal, Ernakulam Bench. By Annexure A9 order impugned before the Tribunal, the 4th respondent, the disciplinary authority imposed a penalty of reduction to the lower post of Clerk/typist on permanent basis fixing his pay at the minimum scale of pay of the Clerk/Typist and barring of all increments for a period of five years with cumulative effect on the petitioner who was working as an accountant since 2.1.2006 in the Office of the Accountant General (A & E) , Kerala, Thiruvananthapuram. Though the petitioner preferred an appeal, by Annexure A12 order dated 2.4.2009 the third respondent dismissed the appeal. Assailing Annexures A9 and A12, the petitioner approached the Tribunal. By the order impugned the Tribunal dismissed the application after arriving at a conclusion that the charges alleged against the petitioner stand proved and that the penalty imposed is not liable to be interfered. O.P. (CAT) 3529/2011 2 Assailing the above order, this petition under Article 226 & 227 of the Constitution of India is filed. 2. We have heard learned counsel appearing for the petitioner as well as the standing counsel appearing for the respondents. 3. The allegation against the petitioner is that the petitioner, who is the president of the recognized union of the Accounts Association Category III and the office bearer of the Joint Consultative Machinery, physically obstructed the Accountant General, engaged hooliganism raising slogans of higher pitch, blocking entry to the office during the office hours and shouting slogans at the Accountant General and leading agitation violating public order. The petitioner denied the allegations. In the detailed enquiry, the charges were found proved. Notice was served upon the petitioner. The representations submitted by the petitioner was duly considered and thereupon the impugned Annexure A9 order was issued. The Tribunal had, on appraisal arrived a conclusion that the enquiry was conducted in accordance with the procedures established and that there was no material to come to a conclusion that the enquiry was anyway vitiated. Going by the order impugned, we find that the pleadings and documents on either side were meticulously analyzed by the Tribunal below before concluding against the petitioners. The learned counsel for the petitioner, O.P. (CAT) 3529/2011 3 despite his earnest efforts, could not bring out any material to come to a conclusion that the findings of the enquiry officer accepted by the disciplinary authority and the appellate authority are anyway vitiated or that there is any violation of principles of natural justice. The disciplinary authority, the appellate authority and the Tribunal below had meticulously considered the argument advanced by the petitioner. The conduct of the petitioner had violated all the boundaries. Permitting the conduct alleged in the public office would definitely violate the public order, decorum of the office and would jeoparadies the functioning of the public office. The Tribunal was right in observing that the conduct of the petitioner during office hours was quite unbecoming of a Government servant and the stand of the petitioner in respect of the happenings on 20.12.2006 is contrary to law and propriety. We find no reason to diverge. We also find no reason to come to a conclusion that any of the authorities below had anyway gone wrong so as to be rectified in exercise of the powers of this Court vested either under Article 226 or 227 of the Constitution of India. This Court, in exercise of the powers under Article 226/227 is not expected to sit in appeal over the enquiry proceedings or the action taken by the disciplinary authority. Going by the nature of the charges alleged, we further find that the penalty imposed is no way harsh or disproportionate. Therefore, there is O.P. (CAT) 3529/2011 4 no reason to interfere with the penalty also. In the result, this original petition fails. Accordingly, it is dismissed. No costs. Sd/- C.N. RAMACHANDRAN NAIR, ( JUDGE) Sd/- P.S. GOPINATHAN, (JUDGE) KNC/-