N HARI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, a Selection Grade Assistant working in the Administrative Secretariat at Trivandrum, has filed this original petition challenging Ext.P2 enquiry report, Ext.P3 show cause notice calling upon him to show cause why the punishment of reduction in rank to the lower post for a period of five years should not be imposed on him and Ext.P5 order passed by the Government imposing the said punishment on him. THE brief facts of the case are as follows.

(2.) WHILE the petitioner was working as Selection Grade Assistant in the General Administration Department in the Administrative Secretariat at Trivandrum, a memo of charges dated 18-2-1999 was issued to him. The petitioner submitted his written statement of defence denying the charges on 31.3.1999. The Government thereafter issued Ext.P1 order dated 12.11.1999 referring the charges against the petitioner to the Vigilance Tribunal, Trivandrum for enquiry under the Kerala Civil Service (Vigilance Tribunal) Rules, 1960. The Vigilance Tribunal, after enquiry, submitted Ext.P2 report dated 16-8-2000 finding the petitioner guilty of the charges levelled against him. The Vigilance Tribunal also recommended imposition of the penalty of reduction in rank to the lower post for a period of five years. The Government after considering Ext.P2 enquiry report, provisionally decided to impose the punishment of reduction in rank to the lower post for a period of five years on the petitioner. Ext.P3 show cause notice dated 20-10-2000 was thereupon issued. The petitioner submitted Ext.P4 reply dated 18-12-2000 wherein he also prayed that before final orders are passed he may be given an opportunity of being heard. The Government thereafter passed Ext.P5 order dated 11-11-2002 imposing on the petitioner the penalty of reduction in rank to the lower post for a period of five years.

(3.) I heard Sri.O.V.Radhakrishnan, learned Senior Counsel appearing for the petitioner and Sri.K.Sandesh Raja, learned Government Pleader appearing for the respondents. I have also gone through the pleadings and the materials on record and the files relating to the enquiry which were made available to me by the learned Government Pleader. The charge levelled against the petitioner in the memo of charges dated 18.2.1999 that was served on him on 5.3.1999 reads as follows:-