SREEKUMAR Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) Petitioner is a Lower Division Clerk now working at the Mechanical Division, Kerala Water Authority at Palarivattom. He was placed under suspension by Ext. P9 order dated 27.10.1995 based on a Government Letter No. 39345/F2/95/LAD dated 14.9.1995. By the above mentioned letter, the Government directed the Kerala Water Authority to place the petitioner under suspension, since a criminal case has been registered against him. The Kerala Water Authority immediately responded and passed Ext. P9 order under R.10(i)(b) of the Kerala Civil Services (Classification, Control and Appeal) Rules, placing the petitioner under suspension pending detailed investigation by the Vigilance Department Petitioner challenges the validity of the said order contending that it is not mandatory on the part of the respondents to suspend the petitioner merely because a criminal case has been registered against him by the Vigilance Department.

(2.) While working as Lower Division Clerk in the Office of the Assistant Executive Engineer, Waterworks Sub Division, petitioner was placed under suspension by Ext. P1 order dated 19.8.1988. The charge levelled against the petitioner was that while he was working as Lower Division Clerk he made a short remittance of Rs. 1000/-. It was revealed that the total collection was Rs. 1735/-. It is on the basis of the above mentioned charge that he was suspended. According to the respondents, it was also revealed that petitioner had misappropriated an amount of Rs. 6,160/-. However, the said amount was remitted by the petitioner on 18.8.1988. A further detailed audit was conducted by the Internal Audit Wing of the Kerala Water Authority and as per their report, the total amount misappropriated by the petitioner was assessed to Rs.55,853.80. Even after a lapse of more than 2 1/2 years no steps were taken to complete the disciplinary proceedings. Consequently, petitioner approached this Court and filed O.P. No. 4182 of 1991. The Original Petition was disposed of by this Court on 10.4.1991 directing the respondents to complete the disciplinary proceedings on or before 15.7.1991 failing which it was ordered that petitioner would be reinstated in service without prejudice to the continuance of the disciplinary proceedings. It is stated that the second respondent vide his letter No. 9753/88/WAS/Vig. dated 2.5.1991 had addressed the petitioner to remit Rs. 58,853.80 within a period of seven days, subject to finalisation of the actual amount of loss sustained by the Authority, and without prejudice to the disciplinary action and detailed enquiry. The disciplinary proceedings were not finalised and consequently on the basis of the judgment of this court in O. P. No. 4182 of 1991, petitioner was reinstated in service by Ext. P3 order dated 15.7.1991.

(3.) The Managing Director of the Kerala Water Authority vide his letter No. KWA/ HO/E6/14859/90 dated 12/91 had addressed the Director of Vigilance for a detailed investigation of the case. In the meantime, petitioner remitted an amount of Rs. 55,648/ on 7.3.1995, with a request to drop the disciplinary proceedings. The Chief Engineer reported that major portion of the loss has already been recouped with the remittance of money by the petitioner. The outstanding amount is Rs. 1589/- and this is related to the alleged irregularities on the part of another person. However, since the misappropriated amount is more than Rs. 10,000/- the case was referred to the Director of Vigilance Investigation through Government and the case is under the detailed investigation of the Vigilance Department. It is under the above mentioned circumstances, the Government vide letter dated 14.9.1995 directed the Water Authority to place the petitioner under suspension since a criminal case is registered against him.