ANSALAM S Vs. K S R T C

JUDGEMENT

(1.) The petitioner is seeking direction to place him under deemed suspension and to pay subsistence allowance, from the date of the order of removal from service which was set aside and remanded for fresh enquiry, by applying Rule 10(5) of the Kerala Civil Service (Classification, Control and Appeal) Rules, 1960 [KCS (CC&A) Rules for short].

(2.) While the petitioner was working as clerical staff in the 1st respondent Corporation, disciplinary action initiated against him alleging misappropriation of an amount of Rs. 83,448.25 by non-accounting of the collection of 17 way-bills, during the period from 12-1-2000 to 8-10-2000. On the basis of enquiry conducted as contemplated under Rule 15 of the KCS (CC&A) Rules, the petitioner was imposed with punishment of removal from service, through order of 2nd respondent, dated 4-5-2012. The appellate authority had confirmed the punishment through the order issued on 25-10-2012. The petitioner further approached the revisional authority--the appellate tribunal. In Ext. P-1 order the appellate tribunal found that the enquiry was not conducted properly and the petitioner was not provided with reasonable opportunity to prove his innocence. It was found that the Enquiry Officer had failed in examining all the material witnesses and in marking relevant and material documents. The tribunal found that the enquiry report cannot be relied on and it is liable to be set aside. A fresh enquiry report after examining all material witnesses and after bringing all relevant documents in evidence is necessary for a proper and fair decision in the matter, is the finding. Therefore the tribunal had set aside the order imposing punishment which was confirmed by the appellate authority and remanded the matter for fresh disposal after obtaining a fresh enquiry report.

(3.) The petitioner had submitted Ext. P-2 request before the 1st respondent seeking to re admit him with all consequential benefits, in view of Ext. P-1 order. The request was repeated in Ext. P-3. But the petitioner was not admitted to duty in view of pendency of further actions pursuant to Ext. P-1 order.