DAMODARAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These Original Petitions filed under Article 226 of the Constitution of India come before the Division Bench on a reference on the question as to whether, in a case where the proceedings for imposition of a major penalty were initiated against a government servant, a minor penalty could be imposed, without serving the copy of the report of the enquiry on the delinquent. The reference was necessitated as the learned Judge found conflict of opinion in the judgments of this Court in Janardhanan v. State of Kerala, 2004 1 KerLT 103 (C. No. 133)) and Shaji Lukose v. State of Kerala, 2007 1 KerLT 679) holding that the copy of the enquiry report has to be served; and Balakrishna Pillai v. State of Kerala,1978 KerLT 928 and Eacharan(sic) State of Kerala, 1983 KLT 22 being rendered to the contrary.

(2.) Rule 15 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, the "Rules" for short, provides the procedure for imposing major penalties. Rule 16 of the Rules provides the procedure for imposing minor penalties.

(3.) Appearing for the Petitioners, Adv. N. Santha argued that her clients were not served with the enquiry reports and therefore, the proceedings imposing penalty are invalid. She argued that the totality of the facts and circumstances clearly indicated that the alleged transaction is not proved and did not call for the imposition of any penalty, much less, a minor penalty and that as the enquiry reports were not furnished to the delinquents, the imposition of penalty is without jurisdiction and wholly unfounded.