JAYARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The point raised in this Appeal is whether the disciplinary proceedings initiated against the appellant could be continued after his retirement from service under R.15 of the Kerala Civil Services (Classification, Control and Appeal) Rules. The brief facts necessary for the disposal of the case are the following: -

(2.) The appellant while working as Sales Tax Inspector in the Sales Tax Check post at Perumpazhuthoor was suspended from service in contemplation of disciplinary proceedings against him by order dated 6.9.1991. Later, Ext. P1 charge sheet dated 13.9.1991 was served on him. The allegations against him were that he was found asleep on the floor of the sales tax checkpost unconsciously and in a fully drunken state during duty time on 5.8.1991 and again on 10.8.1991. During his slumber, the smugglers had a field day resulting in loss of revenue to the State. It was also alleged that he was in the habit of attending official duty in a fully drunken state. The appellant submitted Ext. P2 reply dated 14.11.1991 denying the allegations. The Board of Revenue by Ext. P3 order dated 20.3.1992 directed an enquiry to be held into the charges against him as it was not impressed by the delinquent's reply. The alleged non cooperation of the appellant aborted the efforts of the Enquiry Officer to conduct the enquiry, who in turn submitted a report to the Board or Revenue (Taxes) which is the disciplinary authority. The said authority after considering the various aspects of the case passed Ext. P5 order dated 15.7.1992 imposing a punishment of barring three increments with cumulative effect. The aggrieved appellant moved the Government by filing Ext. P6 appeal which was disposed of by Ext. P7 order. The Government modified the punishment as to one of barring two increments with cumulative effect.

(3.) The appellant challenged Exts. P5 and P7 orders by filing O. P. No. 667/1994. The Government resisted the Original Petition by filing a detailed counter affidavit.