MOHANDAS Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) A Forest Range Officer, who has been subjected to disciplinary proceedings, has approached this court challenging the disciplinary proceedings on various grounds. Since I am inclined to allow this original petition on a legal contention raised by the counsel for the petitioner, I am confining myself to that question and leave the other questions to be agitated by the petitioner in subsequent proceedings, if the petitioner fails to get relief in proceedings after remand consequent to this judgment.

(2.) The disciplinary proceedings were initiated, concluded and punishment imposed by the Government itself. The petitioner submits that since the Government is the appellate authority, although the Government is competent to impose punishment under the relevant rule, such power shall not be exercised unless the doctrine of necessity applies, in the absence of which the petitioner should not be deprived of his available right of appeal before the Government, by the Government itself taking upon itself the powers of the disciplinary authority to impose punishment. The Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 describes the disciplinary authorities and the powers of the disciplinary authorities to impose punishment on a Government servant. Rules 13(2)(a) and (b) prescribe the authorities which may impose penalties on a government servant. These rules read as under:

(3.) Since disciplinary proceedings have been initiated for imposition of major penalty, R.13(2)(b) is the one that is applicable to the petitioner's case. The either the appointing authority or any higher authority can impose the penalties prescribed in R.13(2)(b). Going by the same, Government being a higher authority to the appointing authority certainly has the power to impose punishment on the petitioner in appropriate cases. However, the question is whether the Government which is the appellate authority also as provided under R.23 can take upon itself the jurisdiction to impose the punishment on the petitioner those depriving the petitioner of his valuable right of appeal, without any reasons to do so.