VIKRAMAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner entered the Public Works Department as a C.L.R. worker in 1967. On 22-1-1968 by G. O. Ms. 17/68/Pw, the category of C.L.R. workers was abolished by the Government, and those who had worked all the 12 months for a minimum number of 240 days on the whole, during the previous year ending 31st July 1967, and who had been continuing as C.L.R. workers in the P.W.D., were converted, and treated as N.M.R. workers. The petitioner also got this benefit with retrospective effect from 1-10-1967. While so, according to the petitioner, the post of N.M.R. workers was made pensionable, and all the benefits to which the Government servants were entitled, were extended to the N.M.R. workers also with effect from 1-7-1969. By G. O. (P) No. 189/69/PW dated 25-11-1969, the services of the petitioner and others were made pensionable with effect from 1-7-1969. The petitioner is now working as N.M.R. labourer in the Marine Section at Vizhinjam.

(2.) While the petitioner was working as a C.L.R. worker, he was involved in a criminal case, and was finally convicted by the Sessions Court at Trivandrum in Criminal Appeal No. 35 of 1967 for an offence under S.323 I.P.C., and sentenced to pay a fine of Rs. 100/-. The judgment was pronounced on 15-12-1967 while the petitioner was working as a C.L.R. worker. On 27-1-1969 the petitioner was served with a memorandum by the 3rd respondent, Executive Engineer, Irrigation Division, Trivandrum, calling upon him to show cause within 14 days why his services should not be terminated, as he had been convicted of an offence involving moral turpitude. The Memo is Ex. P2. Before the petitioner could file his explanation, he was relieved from service with effect from 27-1-1969. The relieving order is Ex. P3. The petitioner complains that he was not given the opportunity of being heard. Ex. P3 therefore, is illegal, improper, and is violative of the principles of natural justice. On receipt of Ex. P3, a petition was filed by him before the Hon'ble Minister for Public Works requesting him to reconsider the matter, but his prayer was rejected. The petitioner in the circumstances, prays for the issue of a writ of certiorari or any other writ, order or direction calling for the records and quashing Ex. P3 order. It is also prayed that an order may be issued directing the respondents not to relieve the petitioner from service or debar him from service.

(3.) 1st respondent stated in his counter that after enrolment of the petitioner as an N.M.R. worker, it came to their notice that he was convicted by the Sessions Court, Trivandrum in Crl. Appeal 35 of 1967 for an offence involving moral turpitude. The Junior Engineer was accordingly given instructions by the Chief Engineer to relieve the petitioner from service, and he was accordingly relieved on 27-1-1969. This action was taken by the Government in accordance with the standing orders that when an employee is punished for offences involving moral turpitude, he might be debarred from further employment in Government Service (vide letter No. 7347/EBL/67/PW dated 13-3-1967). The petitioner thereupon appealed to the Hon'ble Minister for Public Works, and requested for stay of the order. Government accordingly issued a temporary stay order on 30-1-1969. Final orders in the proceedings were passed by the Government on 11-5-1970 rejecting the petition and vacating the stay order (vide Ex. P5).