LAWS(KER)-1972-3-14

K K RAMANKUTTY Vs. STATE OF KERALA

Decided On March 27, 1972
K K RAMANKUTTY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is the IInd Member of the Board of Revenue of the Kerala State, now under suspension. Justice M. U. Isaac of this Court had been appointed as Commissioner under the Commissions of Inquiry Act, 1952, to enquire into certain matters relating to the acquisition of land for the Kerala Agricultural University. In the light of the facts that came out in the enquiry conducted by Isaac J. Government contemplated disciplinary proceedings against the petitioner Sri. K. K. Ramankutty and this was communicated to him by a memo dated 12-11-1971 the copy of which is Ex. P2. Six charges Were framed against the petitioner and his statement of defence was called for. At that stage the petitioner came to this Court seeking to quash Ex. P2 memo of charges on the ground that the charges were, on the face of them unsustainable. This Court felt that it was too premature to say that the charges were unsustainable and therefore the petition O. P. No.5454 of 1971 was dismissed. The Judgment indicated that the merits of the charges had not been considered by this court. The State was asked to consider the explanation of the petitioner which had been, in the meanwhile submitted by him when the Original Petition No.5454 of 1971 was pending. Therefore, as it is, the disposal of that Original Petition is no bar to the contentions in this Petition.

(2.) After receipt of the written statement of defence the matter was considered by the Government. With reference to the file available with counsel Sri T. C. N. Menon, appearing for the respondents, it was pointed out at the hearing before me that on 16-10-1971 the Council of Ministers met and considered the report of the Isaac Commission, but that, at that time, no decision was taken in regard to the action to be taken against any officer on the basis of that report. At a subsequent meeting of the Council of Ministers held on 5-11-1971 the decision to take action against the petitioner was taken and that resulted in the issue of Ex. P2 dated 12-11-1971. There was an interpellation on the floor of the Legislative Assembly by some of the members on the question of the action to be taken against the petitioner on the report of the Isaac Commission. The written statement in defence was filed by the petitioner on 7-12-1971 and this is seen to have been examined by the Law Department of the Government. Later the Council of Ministers is said to have considered the explanation at their meeting on 8-1-1972 and it is said that an informal decision was taken leaving it to the Chief Minister to take such action against the petitioner as he deemed fit. On the same day the Chief Minister who proceeded to decide the matter found, on a consideration of the defence, that the charges had to be proceeded with and further that it was necessary to keep the petitioner under suspension pending enquiry into the charges. It was also decided that Sri P. Govinda Menon, retired Judge of this Court should be appointed as Commissioner to hold the enquiry. All these decisions were embodied in Ex. P1 order passed on 8-1-1972. Counsel for the State submits that this action of the Chief Minister was ratified on 13-1-1972 by the Council of Ministers at their meeting. The petitioner came to this court on 14-1-1972 impleading the State as well as the Chief Minister of the State as respondents. Though the petitioner prayed for the stay of operation of Ex. P1 order of suspension pending disposal of the Original Petition, no interim order of stay of such operation was granted by this Court. But with regard to the enquiry pursuant to Ex. P1, Sri T. C. N. Menon who took notice on behalf of the respondents undertook that no further proceedings will be taken against the petitioner. Therefore, as it is, the petitioner remains under suspension and the enquiry against him has not been commenced.

(3.) Charges which have been framed against him and which are contained in Ex. P1 order are six in number and are the following: