M P SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) WHILE working as a Deputy Superintendent of Police under the Government of Kerala, disciplinary proceedings were initiated against the petitioner. In the enquiry conducted by the Vigilance Tribunal, Thiruvananthapuram, the petitioner was found guilty in Ext.P4(a) report. The Government accepted the findings and thereafter provisionally decided to remove the petitioner from service, pursuant to which, Ext.P4 show cause notice was issued, to which, the petitioner submitted Ext.P5 reply, in which, one of the specific contentions of the petitioner was that before accepting the findings of the Vigilance Tribunal, the Government ought to have given the petitioner an opportunity to show cause against the enquiry proceedings and the findings in the enquiry report. But, without considering the same, by Ext.P6, the Government imposed on the petitioner the punishment of reduction to a lower rank in the seniority list and placed the petitioner as the junior-most among the Circle Inspectors of Police. Ext.P7 review petition was rejected by Ext.P8. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) THE petitioner points out that in exactly identical circumstances, this Court has, by Ext.P9 judgment, quashed similar orders directing the Government to treat the show cause notice for punishment as a composite one to show-cause against the enquiry report and the proposed punishment. THE petitioner seeks the same now.

(3.) I am of opinion that apart from the same, if the petitioner was given an opportunity, the petitioner could have brought to the attention of the Government extenuating circumstances warranting a lesser punishment, from the facts revealed in the enquiry report themselves, if there were such circumstances. As such, it cannot be said that the petitioner was not prejudiced because of lack of opportunity to show cause against the enquiry report. Accordingly, following Ext.P9 judgment, this writ petition is disposed of with the following directions: Exts.P6 and P8 orders are quashed. Ext.P4 show cause notice shall be construed as a composite notice to the petitioner directing him to file his representation as to why the findings of the Vigilance Tribunal should not be accepted by the Government and why, if after considering the representation of the petitioner, the Government accepts the findings, the punishment of reduction to a lower rank should not be imposed on him. The petitioner shall file his representation with regard to both within one month from today. On receipt of the same, the Government shall consider the representation and enter a finding as to whether the Government accepts the findings of the Vigilance Tribunal giving reasons and proceed further in accordance with law.