STATE OF KERALA Vs. VENUGOPAL

JUDGEMENT

(1.) The short question that has come up for consideration in this case is whether the disciplinary authority could disagree with the findings of the enquiry officer in view of S.6(11) of the Kerala Police Departmental Enquiries, Punishment and Appeal Rules, 1958 (hereinafter called the rules). Learned Single Judge took the view rule does not permit so. State is aggrieved by the said finding and hence this appeal.

(2.) Writ Petitioner while working as S.I. of Police was served with memo of charges dated 19.12.1994 in accordance with the above mentioned rules. We may extract the charges for easy reference.

(3.) Subsequent to the disposal of O.P. 6181/99 Department issued show cause notice to the petitioner to show cause why the provisional decision to award punishment of barring of one increment without cumulative effect be not imposed on him. It is evident from the said show cause notice that the Government have disagreed with the finding of the Enquiry Officer. We may extract the reasoning of the Government for easy reference: