2025:KER:29411 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 15021 OF 2024 PETITIONER(S): SAJITHA.P.S AGED 41 YEARS W/O.MUJEEB, JUNIOR SUPERINTENDENT, THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA DISTRICT., PIN – 688013. BY ADV T.R.RAJAN RESPONDENT ( S ) : 1 STATE OF KERALA REPRESENTED BY THE JOINT SECRETARY, HOME(L) GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE HON'BLE HIGH COURT OF KERALA ERNAKULAM REPRESENTED BY IT’S REGISTRAR (DISTRICT JUDICIARY), PIN – 682031. 3 THE DISCIPLINARY AUTHORITY (HON'BLE DISTRICT JUDGE) DISTRICT COURT, ALAPPUZHA, PIN – 688013. 4 THE SPECIAL JUDGE FAST TRACK SPECIAL COURT, HARIPAD. (ENQUIRY OFFICER), PIN – 690514. 5 THE MOTOR ACCIDENTS CLAIMS TRIBUNAL ALAPPUZHA DISTRICT REPRESENTED BY SHERISTADAR ., PIN – 688013. BY ADV NAYANPALLY RAMOLA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29411 WP(C) NO. 15021 OF 2024 2 D. K. SINGH, J ---------------------------------------------- WP(C) No. 15021 of 2024 ---------------------------------------------- Dated this the 01st day of April, 2025 J U D G M E N T The petitioner, who is holding the post of Junior Superintendent at the District Judiciary, has filed this writ petition to quash the disciplinary proceedings initiated against her for the alleged misconduct of insubordination. This Court, vide the order dated 26.03.2025, suggested the petitioner to tender an unconditional apology to the Court and personally apologize to the Additional District and Sessions Judge III/I, Additional MACT, Thodupuzha. 2. The petitioner has submitted an unconditional apology in the affidavit and has also tendered the unconditional apology to the said Additional District Judge. The Additional District and Sessions Judge III, Thodupuzha, has addressed the Registrar, District Judiciary, stating that the petitioner offered the apology in all sincerity, and she accepts the said apology. 2025:KER:29411 WP(C) NO. 15021 OF 2024 3 3. In view of the aforesaid facts, the disciplinary proceedings and the actions taken pursuant thereto, in Exts.P6, P8, and P11, are set aside. The petitioner is restored her increments, which were ordered to be withheld by the order of punishment. As a result, the amount due to the petitioner shall be paid within a period of 2 months; however, without any interest. Sd/- D. K. SINGH JUDGE mea 2025:KER:29411 WP(C) NO. 15021 OF 2024 4 APPENDIX OF WP(C) 15021/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 23/2/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE ARGUMENT NOTE DATED 19/8/2022 SUBMITTED BY THE COUNSEL FOR THE PETITIONER BEFORE THE ENQUIRY OFFICER Exhibit P3 TRUE COPY OF THE ENQUIRY REPORT DATED 12/10/2022 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17/1/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE REPLY DATED 20/1/2023 SUBMITTED BY THE PETITIONER TO THE EXHIBIT P4 SHOW CAUSE NOTICE Exhibit P6 TRUE COPY OF THE ORDER NO C-8802/2021 DATED 8/3/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE APPEAL MEMORANDUM DATED 17/3/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE ORDER NO:I- 1/44730/2023 (APPEAL 6/23) DATED 24/7/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE JUDGEMENT DATED 8/11/2023 OF THIS HONOURABLE COURT IN WRIT PETITION(C)NO. 14011 OF 2023 Exhibit P10 TRUE COPY OF THE REVIEW PETITION DATED 14/8/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT 2025:KER:29411 WP(C) NO. 15021 OF 2024 5 Exhibit P11 TRUE COPY OF THE ORDER NO G.O(RT) NO. 839/2024/HOME DATED 20/3/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P12 TRUE COPY OF THE JUDGEMENT DATED 30/5/2014 OF THIS HONOURABLE COURT IN OP NO 5391 OF 2002 RESPONDENT EXHIBITS Exhibit R2(a) A true copy of the letter dated 08.12.2021 issued by the Additional District Judge III, Mavelikkara, to the 3rd respondent Exhibit R2(b) A true copy of the OM No. C 5573/2021 dated 27.08.2021 issued by the Disciplinary Authority (3rd respondent)