SHEIKH MEERAN RAWTHER Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Appellant is a Member (Departmental) of the Sales tax Appellate Tribunal, Thiruvananthapuram. He is in the cadre of Higher Grade Deputy Commissioner in the Commercial Taxes Department.

(2.) The short facts which are necessary for the disposal of the appeal are as follows: Appellant while working as Deputy Commissioner, Commercial Taxes, was suspended from service on 21.4.1998 relying on a complaint preferred by Sri P.K.Kumaran, M.L.A. before the Hon'ble Minister for Finance and Excise alleging that the appellant had used abusive language against him at a conference held on 23.2.1998. Since the action of the officer amounts to disrespect towards the Member of the Legislative Assembly and was unbecoming on the part of a senior government Servant, Government decided to place him under suspension. Consequently order dated 24.4.1988 was passed by the Government keeping the appellant under suspension pending enquiry. Appellant challenged the order of suspension by filing O.P.No 8037 of 1998 before this court. Original petition was dismissed by the learned judge with a direction to complete the disciplinary proceedings within a specified period. Judgment was appealed against by the State by filing W.A.No 1064 of 1998. Writ Appeal was disposed of with a direction to the authorities to complete the disciplinary proceedings within two months failing which appellant was directed to be re - instated. Disciplinary proceedings could not be completed within the time stipulated by this court. Petitioner was therefore re - instated in service on 11.8.1998.

(3.) Appellant was later served with a memo of charges dated 15.10.1998 alleging that he had used foul language against the M.L.A. and conduct of the officer had tarnished the image and prestige of the office of the Deputy Commissioner and likely to be a breach of privilege of the State Legislative Assembly. While disciplinary proceedings were pending against him, his junior was promoted as Joint Commissioner. Appellant preferred O.P.No 18054 of 1998 seeking a direction to the authorities to promote him to the cadre of Joint. Commissioner in the Commercial Taxes Department. The learned Judge gave a direction to the Government to promote him to the post of Joint Commissioner if he is the seniormost. On appeal by the Government the Division Bench stayed the interim order in W.A. No 1667 of 1999. Before the Division Bench the Government took up the stand that while disciplinary proceedings are pending against the appellant he could not be promoted.