K.C. VASU Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned Government Pleader.

(2.) THIS Writ Appeal has been filed against the judgment dated 20.11.2009 in W.P.(C). No. 33437 of 2009. The appellant was proceeded with the disciplinary proceedings. The charge against the appellant was that he abused his official position as public servant and committed criminal misconduct by demanding bribe of 2000/ - from V.T. Saseendran and threatening him that his son Rajeev, an accused in Crime No. 10/2002 of Nedumkandom Police station, would be tortured if he failed to give the bribe, accepted 200/ - and it resulted in the suicide of Saseendran. After memo of charges, reply was submitted. Under order of the Government, the matter was referred to the Vigilance Tribunal for enquiry. Evidence was laid before the Tribunal including oral evidence. The Vigilance Tribunal submitted report recommending to impose penalty of withholding of two increments without cumulative effect. Show cause notice was issued asking the appellant to show cause and thereafter punishment was awarded by order dated 13.7.2009 imposing a penalty of withholding of two increments with cumulative effect. W.P.(C). No. 33437 of 2009 was filed challenging the said order. The learned Single Judge, after hearing the appellant, has dismissed the Writ Petition, against which this Writ Appeal has been filed.

(3.) AFTER enquiry was conducted by the Vigilance and Anti -Corruption Bureau, a show cause notice was given on 25.1.2008. The Government, in the show cause notice, has stated that the Tribunal has recommended a penalty of withholding of two increments without cumulative effect. In the show cause notice itself the appellant was asked to show cause as to why the punishment of withholding of two increments with cumulative effect should not be imposed. Relevant portion of the show cause notice is quoted as under: