Director Of Industries And Commerce vs Bindu. S

A.K.Jayasankaran Nambiar. J.

This original petition preferred by the State, represented by the Director of Industries and Commerce and the Assistant District Industries Officer, Kozhikode, impugns an interim order dated 7.7.2022 of the state Administrative Tribunal in OA Nos.1033 of 2021 and 1587 of 2021.

On a perusal of the impugned order, we find that the Tribunal has only directed that the applicant be retained in service under circumstances where the order terminating the service of the applicant was passed by the petitioners herein at a time when there was an interim order of the Tribunal permitting the petitioners to complete the disciplinary proceedings with the condition that the implementation of any order that was passed by them could be only after getting orders from the Tribunal. Taking note of the fact that the applicant was not being paid the arrears of subsistence allowance pending disposal of the original application, the Tribunal had directed that notwithstanding the passing of the orders of termination of service, the applicant shall be treated as in service and continuing under suspension pending disposal of the original application.

On a consideration of the above circumstances, the circumstances, we feel that we need not interfere with the impugned interim order of the Tribunal at this stage, save for the limited purpose of clarifying that the arrears of subsistence allowance paid to the applicant pursuant to the directions of the Tribunal in the order impugned in this original petition, shall be seen as provisional and subject to the outcome of the original application before the Tribunal.

The Original Petitioner (KAT) is disposed as above.