JEYAPRASAD S.D. Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) IN this writ petition, the prayers sought are to direct the 1st respondent to extend all benefits consequent to the annulling of Ext.P6 order by appropriate modification to Ext.P15 order and also to direct that the petitioner be allowed to continue as Member and Chairman of the Kerala State Pollution Control Board. A declaration that Ext.P12 order of the 1st respondent is void ab- initio is also sought for.

(2.) BY Ext.P1 order dated 16/4/2005, the 1st respondent appointed the petitioner as Member Secretary of the Kerala State Pollution Control Board (hereinafter referred to as 'Board' for short). While the petitioner was continuing as Secretary, in relation to the trial run conducted in the industrial unit of M/s.Canon Granites Private Limited, Vigilance and Anti Corruption Bureau had registered VC No.7/05 against Sri.A.K.Surendran, Environmental Engineer of the Board. That trial run was conducted pursuant to the judgment of this court in WP(C) No. 19759/05 filed by M/S.Canon Granites Private Limited, Subsequently, WP(C) No. 19757/05 was filed by the additional 3rd respondent alleging foul play by the VACB and pursuant to the orders passed by this Court, the investigation of the vigilance case was handed over to the Central Bureau of Investigation The CBI completed investigation and filed its final report. Based on the findings in the investigation report of the CBI, Ext.P3 memo of charges dated 31/10/2008 alleging violation of Rule 3 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 (hereinafter referred to as "the Rules" for short) and statement of allegations were issued to the petitioner. On receipt of the memo of charges and statement of allegations, petitioner filed Ext.P4 explanation. The Government adopted the summary procedure contemplated under Rule 16 read with Rule 11 of the Rules and concluded the disciplinary proceedings by Ext.P6 order dated 24/3/10 and a minor penalty of censure was awarded. This order gives the background of the disciplinary action and therefore, the relevant portion of the order, is extracted below for reference:-

(3.) SUBSEQUENT to the issuance of Ext.P6 order of censure, Government issued Ext.P7 notice dated 27/3/2010 calling upon the petitioner to show cause against the proposal to issue orders amending the term of his appointment and to restrict it to 31/3/2010, so as to make it co-terminus with his date of normal retirement from the Board's service. Petitioner challenged Ext.P7 before this Court in WP(C) No. 11235/10. In that writ petition, this Court stayed the order, but gave liberty to the Government to take appropriate action in the matter. Against that direction, petitioner filed WA 905/10, which was disposed of by Ext.P8 judgment vacating the freedom given to the Government, and directing expeditious disposal of the writ petition itself.