SATISH Vs. STATE OF KERALA

JUDGEMENT

(1.) The Original Petition (KAT) is filed by the applicant in T.A. No.2583 of 2012 (W.P.(C).No.2848 of 2008) challenging the order passed therein by the Kerala Administrative Tribunal.

(2.) The petitioner, while working as an Inspector of Police (Armed Reserve) in the Kerala Police Service, was deputed as an Assistant Immigration Officer in the Bureau of Immigration (BOI) under the Ministry of Home Affairs at Meenampakkam Airport, Chennai, from 1/6/2000 onwards. On 15/4/2001, he cleared three passengers going to Muscat for boarding the Gulf Airlines Flight No. GF 069. He also cleared two passengers for British Airways Flight No. BA 036 going to London on the same day. Both flights were scheduled to take off almost simultaneously. Out of the 117 passengers, who obtained boarding passes from the Gulf Airlines Flight, only 114 passengers boarded and three were found missing. However, the said three passengers boarded the British Airlines Flight No. BA 036 and proceeded to London and they sought political asylum from the British Government as Afghans.

(3.) Alleging that the petitioner was careless in doing the immigration clearance of the aforesaid passengers, he was placed under suspension by the Chief Immigration Officer vide order dtd. 18/5/2001. Since the petitioner was working on deputation at BOI, the Chief Immigration Officer initiated departmental proceedings against the petitioner under Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (for short 'CCS (CCA) Rules'). Rule 14 of CCS (CCA) Rules deals with procedure for imposing major penalties. After the enquiry, the Senior Immigration Officer, the Enquiry Officer, submitted Ext. P10 report on 26/11/2001 finding the petitioner guilty of the charges.