A M ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) CHALLENGE in this writ petition is against Exts.P3 and P5 orders.

(2.) THE petitioner was working as a driver in the office of the Inspecting Assistant Commissioner, Department of Commercial Taxes, Devikulam, Idukki District. On 16.6.2000, Ext.P1, memo of charges along with statement of allegations was issued to the petitioner alleging various acts of misconducts. To the charges, he filed Ext.P2 explanation.

(3.) THE contention raised by the petitioner is that the punishment imposed was without serving copy of the enquiry report and therefore it is violative of the principles of natural justice. However, this plea of the petitioner which was raised in Ext.P4 application was considered and rejected by the Government on the basis that at the time when Ext.P3 order was passed on 26.11.2001, the punishment of barring the increments was only a minor punishment which could have been imposed even without an enquiry. THE petitioner has no case that at the relevant time the punishment was a major punishment. If that be so, there is nothing illegal in the impugned order under challenge.