VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) As per Ext. P1, the petitioners were placed under suspension. Ext. P1 is an order issued by the Government in Vigilance Department. Ext. P1 was issued based on a letter from the Director of Vigilance Investigation reporting that the surprise check had been conducted in the Taluk Supply Office, Manjeri, where the petitioners were working, on the allegation that the officials in that Office were habitually accepting illegal gratification from the ration shop dealers on the first working day of each month for sanctioning monthly permits for sugar, kerosene etc. It was also reported that "surprise check revealed that this is an instance of a corruption racket being practised by all officials of the particular office". Therefore the Director of Vigilance Investigation requested for sanction for detailed enquiry in the matter. It is in the above circumstances that Government, considering the report of the Director of Vigilance Investigation, placed the petitioner under suspension by Ext. P1 order.

(2.) In the petitioners' 'own words' what is mainly contented in the Original Petition is that "the Vigilance Department is not empowered duly to place on suspension, employees of other departments like the petitioners who are employees of the Civil Supplies Department". Therefore, according to them. "Ext. P1 is beyond the jurisdiction of the authority which issued the same and is clearly contrary to R.10 of the rules". Expanding this submission the petitioners further urged, in Ground A to the Original Petition, that "it is only the Director of Civil Supplies, who has the power of appointment of the petitioners. R.9 of the Kerala Civil Services (Classification, Control and Appeal) Rules is specific that the appointing authority shall be the Government. No doubt the power of appointment can be delegated, but no such delegation has been made in the case of the petitioners. It may therefore, be seem that if the petitioners are members of the Civil Supplies Department, the Secretary to Vigilance Department has absolutely no administrative control over them or disciplinary powers also over them... R.10 of the Kerala Civil Services (Classification, Control and Appeal) Rules specifically enjoins that only the appointing authority or a higher authority or an authority specifically empowered in that behalf, shall place a Govt. servant under suspension. The second respondent, it is submitted, with respect, does not fail within any one of these categories.......... No such power is delegated or notified by the Govt. in terms of R.10. Since the Kerala Civil Services (Classification Control and Appeal) Rules, are framed under Art.309 of the Constitution of India, the issuance of an executive order, assuming without conceding that any order has been issued, will not do duty for the empowerment specifically mentioned under R.10............. The 2nd respondent has no jurisdiction to place the employees of the Kerala Civil Supplies Department like the petitioners on suspension. The order Ext. P1 is totally void in law and unenforceable."

(3.) The petitioners thus admits that under R.9 of the said Rules, it is specific that the appointing authority shall be the Government. If the appointing authority is Government, the Government can place the petitioners under suspension. R.10(1) reads as follows: