P.K. ABBAS Vs. STATE OF KERALA

JUDGEMENT

(1.) A disciplinary proceeding was initiated against the petitioner who was a Village Officer, alleging that he committed serious irregularities in effecting Transfer of Registry in many cases. When he was found guilty in the enquiry, the disciplinary authority imposed a penalty of barring three increments with cumulative effect. The petitioner challenged the same before the Kerala Administrative Tribunal, but it evoked no positive results and hence this petition.

(2.) When the Vigilance and Anti-corruption Bureau received certain complaints against the petitioner, they conducted an enquiry against him. Thereafter, they recommended to initiate disciplinary action against the petitioner and to transfer him to some other station out of the District. This is the situation in which the disciplinary action was initiated against the petitioner.

(3.) As per the direction of the District Collector, the Deputy Collector (LR) conducted a preliminary enquiry into the allegations made against the petitioner. After the enquiry, he reported that during the tenure of the petitioner as the Village Officer at Kaipamangalam Village, he had accepted 20 applications for Transfer of Registry without receiving the fee required for such transfer and he effected mutation without following the procedural formalities. Based on the preliminary enquiry report, Annexure A1 charge memo was issued to the petitioner. After considering the reply submitted by the petitioner against the charge memo, it was decided to proceed with the disciplinary action and accordingly, the Deputy Collector (LA) conducted an enquiry as contemplated under Rule 15 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 and submitted Annexure A3 report finding that the petitioner is guilty of three out of the four charges and consequently the said punishment was imposed as per Annexure A8. The review application preferred against the said order was also dismissed by the Government, as per Annexure A10.