SHEIK AZGAR HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The original petition is filed challenging the order dated 10.3.2017 in OA.No.193/2017 (Ext.P4) by which the Kerala Administrative Tribunal (KAT) did not interfere with the order of suspension against the petitioner.

(2.) The short facts involved in the original petition would disclose that the petitioner while working as Special Tahsildar, LANHDP, Unit No.I, Thrissur was placed under suspension as per (Annexure-A1) order dated 24.1.2017. In the order which was impugned it was stated that a case was registered by the Vigilance and Anti Corruption Bureau on 4.10.2016 against the petitioner on the basis of findings in the Quick Verification report. The allegation was that he while working in the capacity of Additional Tahsildar from 7.9.2015 to 20.7.2016 criminally conspired with the Managing Partner of M/s.Vasudevan Nair Granites, Killannur, holder of quarrying leases for removing quarry stones from Government land and with the intention of cheating the Government for their pecuniary advantages dishonestly concealed the concerned files and by not taking lawful actions as per law and connected Government Orders, failed to collect the relevant seigniorage charges from them. The allegation is that by virtue of the misconduct, the total loss caused to the exchequer is Rs.2,01,95,000/-.

(3.) The main contention urged by the petitioner while filing OA.No.193/2017 was that the petitioner was not at all involved in the above transaction. He had joined the concerned department only on 7.9.2015 and the alleged loss had occurred long prior to the said date. Though there was an allegation made by the Vigilance Department against three other persons, two of them are all still working in different capacities and one among them retired from service. As far as the petitioner is concerned, he is not at all responsible for the allegation made and there is no reason to keep him under suspension for quite a long time. The petitioner also sought for a direction that he can be placed on some other districts depending upon the attitude taken by the Government in this regard. It is stated that he is about to retire on 31.5.2017.