EACHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Disciplinary proceedings were initiated against the petitioner while he was working as Regional Transport Officer (hereinafter referred to as R.T.O.). Idukki under R.13 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 (for short 'the Rules') with a proposal to impose a major punishment. He gave explanation in regard to each of the charges and demanded a detailed inquiry. Then District Collector, Idukki was appointed as Inquiry Authority. Inquiry was conducted in the presence of the petitioner and his advocate. Inquiry authority prepared his report recording findings against the petitioner and submitted papers connected with the inquiry to the State Government, which, on a consideration of the inquiry report and other relevant records, accepted the findings and taking a lenient view, imposed a minor penalty of withholding of increment for one year without cumulative effect under Ext. P1 order. During the period of inquiry, for some time, the petitioner was kept under suspension. Ext. P1 order was followed by Ext. P5 order stating that the period of suspension will be treated as duty for the limited purpose of pension only and bis pay and allowances for the suspension period will be limited to 30% less subsistance allowance admissible under the Rules. The legality of Exts. P1 and P5 is challenged in this original petition filed under Art.226 and 227 of the Constitution of India.

(2.) The learned counsel for the petitioner made the following submissions:

(3.) Rule H of the Rules explains the nature of penalties which could be imposed on a government servant. Penalties shown in clauses (i) to (iv) of sub-r.(i) of R.11 are minor penalties, while penalties shown in clauses (v) to (ix) of that sub-rule are major penalties. R.15 lays down the procedure for imposing major penalties. R.16 lays down the procedure for imposing minor penalties. In a case governed by R.15, on satisfaction regarding the existence of a prima facie case for taking action, the authority concerned has to frame a definite charge or charges, communicate the same to the government servant concerned together with statement of allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case. The government servant shall be required to submit within reasonable time to be specified in that behalf, a written statement of his defence and also to state whether he desires to be heard in person. His request for permission to peruse or take extracts from the records should normally be allowed. On receipt of the written statement it is open to the authority concerned to hold a formal inquiry. The procedure for inquiry and the authority to conduct inquiry is dealt with in clause (b) of sub-r.(2) of R.15. It must also follow that when the government servant insists on a hearing in person, the authority concerned must hear him in person. The procedure for inquiry is given in the succeeding sub-rules of R.15. In the case of a formal inquiry, the inquiring authority, after due inquiry as contemplated in the rule, has to prepare a report of inquiry recording its findings on each of the charges together with reasons therefor and the records of the inquiry must be submitted to the disciplinary authority. The disciplinary authority has to consider the record of enquiry and record its finding on each charge, where such authority is not the Government. If the disciplinary authority is the Government, it shall consider the record of inquiry and deal with the same in accordance with sub-r.(11) of R.15. Sub-r.(12) of R.15 deals with the manner in which any major penalty is to be imposed. It can be imposed only after furnishing to the government servant concerned a copy of the inquiry report and where the disciplinary authority is not the inquiring authority, a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority should be furnished to the government servant, and after giving him a notice stating the action proposed to be taken in regard to him and calling upon him to submit within a specified time which may not generally exceed one month such representation as he may wish to make against the proposed action; on consideration of the representation and advice of the Public Service Commission in cases where such advice is necessary, the disciplinary authority must determine what penalty, if any, should be imposed on the government servant and pass appropriate orders. Sub-r.(13) of R.15 deals with cases where minor penalty is proposed to be imposed in a proceeding which started under R.13, as if it is a proceeding for imposing major penalty. Sub-r.(13) does not state that a copy of the inquiry report must be furnished to the government servant or that he must be given an opportunity to make a representation against the proposed action or that such representation must be considered before imposing such minor penalty. Sub-r.(13) only states that if the disciplinary authority, having regard to its findings, is of the opinion that any minor penalty is to be imposed, it shall pass appropriate orders on the case. -