Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944 CON.CASE(C) NO. 1365 OF 2022 AGAINST THE ORDER DATED 23.05.2022 IN OP(KAT).NO.107/2022 OF HIGH COURT OF KERALA PETITIONER/PETITIONER:
B. DINESHKUMAR, AGED 52 YEARS S/O.K. BALAKRISHNAN NAIR, NANDAVANAM, PERUMPOYIL, P.O.KAKKUR, KOZHIKODE- 678613 NOW WORKING AS ASSISTANT COMMISSIONER (IB), STATE GST DEPARTMENT, OFFICE OF THE JOINT COMMISSIONER (INTELLIGENCE), GST COMPLEX, JAWAHAR NAGAR, ERANJIPPALAM P.O.
KOZHIKODE DISTRICT, PIN - 673006 BY ADVS.
C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R.
ANANDHU SATHEESH ALINT JOSEPH PAUL JOSE RESPONDENTS/RESPONDENTS:
1 RAJESH KUMAR SINGH, IAS SECRETARY TO THE DEPARTMENT OF TAXES, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DR. RATHAN KELKAR, IAS, COMMISSIONER, KERALA GOODS AND SERVICES TAX DEPARTMENT, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. SHRI.ASOK M.CHERIAN, ADDL.A.G., SRI SAIGI JACOB PALATTY-SR.GP THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
================== Contempt of Court Case (Civil) No.1365 of 2022 [Arising out of the impugned order dated 23.05.2022 in O.P.(KAT) No.107/2022] ================== Dated this the 25th day of August, 2022 J U D G M E N T ALEXANDER THOMAS, J.
The afore-captioned Contempt of Court Case has been instituted in the matter of non-compliance of the orders in Annexure- A2 judgment dated 23/05/2022 rendered by the Division Bench of this Court in OP(KAT).No.107/2022 [arising out of the impugned final order dated 25/01/2022 in O.A (EKM).No.74/2022 on the file of the KAT, Ernakulam].
2.
Today, when the matter has been taken up for consideration, Sri.Saigi Jacob Palatty, the learned Senior Government Pleader would submit on the basis of instructions of the respondent- Officers as well as on the basis of the averments in the memo dated 22/08/2022 filed on behalf of the respondent-Officers in the case, that the State Government has already entrusted the Standing Counsel concerned, to file Special Leave Petition (Civil) to impugn Annexure-A2 judgment before the Apex Court and further that Annexure-R1(a) G.O.
Contempt of Court Case (Civil) No.1365 of 2022
- : 2 :- (Rt).No.584/2022/TAXES dated 29/07/2022 has already been issued directing that the petitioner will be given temporary promotion to the post of 'Deputy Commissioner of State Tax' under Rule 31(a)(i) of Part II of the Kerala State and Subordinate Services Rules, 1958 (KS & SSR Part II) subject to the result of SLP etc,. A copy of the aforesaid G.O.(Rt).No.584/2022/TAXES dated 29/07/2022 has been produced as Annexure R1(a) along with the aforementioned memo dated 22/08/2022 filed by the Senior Government Pleader on behalf of the respondent-Officers. The above said submissions of the respondent-Officers are hereby recorded.
Recording the above said submissions of the respondent- Officers, the above Contempt of Court Case will stand disposed of.
Sd/- ALEXANDER THOMAS, JUDGE Sd/- SHOBA ANNAMMA EAPEN, JUDGE AS
APPENDIX OF CON.CASE(C) 1365/2022 PETITIONER'S ANNEXURES:
ANNEXURE A-1 TRUE COPY OF THE ORDER DATED 25-1-2022 IN O.A (EKM) NO. 74 OF 2022 PASSED BY THE KAT, ERNAKULAM BENCH ANNEXURE A-2 TRUE COPY OF THE JUDGEMENT DATED 23-5-2022 IN OP(KAT) NO. 107 OF 2022 PASSED BY THIS HON'BLE COURT ANNEXURE A-3 TRUE COPY OF THE NOTICE DATED 26-5-2022 ISSUED BY THE PETITIONERS COUNSEL TO THE RESPONDENTS IN OP(KAT) NO. 107 OF 2022 COMMUNICATING A COPY OF THE ANNEXURE A-2 JUDGMENT ANNEXURE A-3(A) TRUE COPY OF THE POSTAL RECEIPT DATED 27-5- 2022 ISSUED BY THE POSTAL DEPARTMENT ANNEXURE A-3(B) TRUE COPY OF THE POSTAL CONSIGNMENT TRACK REPORT WITH REGARD TO THE DELIVERY OF ANNEXURE A-3 AS PER ANNEXURE A-3(A) ANNEXURE A-4 TRUE COPY OF THE GO(RT) NO. 445/2022/TAXES DATED 6-6-2022 ANNEXURE A-5 TRUE COPY OF THE GO(RT) NO. 498/2022/TAXES DATED 23-6-2022 ANNEXURE A-6 TRUE COPY OF THE REPRESENTATION DATED 5-7- 2022 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL ANNEXURE A-6(A) TRUE COPY OF THE LETTER BEARING NO. JCI- KKD/309/2022-K1 DATED 7-7-2022 FORWARDING ANNEXURE A-6 REPRESENTATION BY THE JOINT COMMISSIONER OF ST (INTELLIGENCE), STATE GOODS AND SERVICES TAX DEPARTMENT TO THE SPECIAL COMMISSIONER, STATE GOODS AND SERVICES TAX DEPARTMENT ANNEXURE A-7 TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO. D1/242/2017-TAXES DATED 1-7-2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER