B VIJAYAKUMAR Vs. SECRETARY OFFICE

JUDGEMENT

(1.) The petitioner, an employee of the Kerala State Housing Board was proceeded against in a disciplinary proceedings and Ext.P3 is the Memo of Charges and the Statement of Allegations. He had submitted his written statement of defence and thereafter anenquiry was held by the Vigilance Officer of the Board.It is stated that the Enquiry Officer found him guilty of the charges and submitted a report to the Disciplinary Authority. However, the report of the Enquiry Officer is not placed on record and therefore I am not in a position to assess the findings as contained in the report.

(2.) Be thatas it may, the disciplinary authority accepted the report of the Enquiry Officer and issued Ext.P9 Show Cause Notice, proposing to revert the petitioner to the post of Junior Superintendent and to recover Rs.28,956/- with interest, which is stated to have been the loss sustained by the Board.In response to the show cause notice Ext.P9, petitioner submitted Ext.P10 reply and finally by Ext.P14 order of the first respondent, Rs.28,956/- with 12% interest from 29/9/2001 was ordered to be recovered from him. It was also ordered to reduce him from the post ofAccounts Officer to the post of JuniorSuperintendentfor two years in terms of the provisions contained in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. Petitioner pursued the matter in appeal before the Appellate Authority, the Chairman of the Board and finally by Ext.P17 order of the Chairman, though upheld the findings of misconduct against the petitioner, interfered with the punishment imposed by the first respondent. Accordingly, the Chairman ordered that the period of suspension will not be treated as duty of any kind, during the period of his service. It was also ordered that the reversion of the petitioner is set aside and the petitioner will have to remit the amount as ordered by the Disciplinary Authority.It is challenging these orders that this original petition is filed.

(3.) Although several contentions have been urged bythe counsel for the petitioner on the merits of the findings of the Enquiry Officer as contained in the Enquiry Report and the order of punishment imposed by the Disciplinary Authority as confirmed by the Appellate Authority, in the absence of the Enquiry Report on file, I am not in a position to deal with the contentions of the Counsel.