SURENDRAN K Vs. GOCERNMENT OF KERALA

JUDGEMENT

(1.) The appellant, a Senior Inspector in the Co-operation Department now working as Lecturer in Co-operative Training Centre at Palakkad, was suspended pending enquiry into acts of misconduct, alleged to have committed in the year 1999, about a decade back. The order of suspension is under challenge in these proceedings. He was on deputation to A.K.G. Memorial Co-operative Hospital, Kannur from 24.2.1997 to 5.6.1999. But on 6.6.1999 he came back to the parent department and was again sent on deputation to Co-operative Training Centre, Palakkad. According to the allegations, while he was working on deputation as the Chief Executive of A.K.G Memorial Co-operative Hospital, Kannur, he had unauthorisedly given a cheque in the name of a consultancy by name M/s. Surgi Tech India in connection with the service charges of the hospital equipment, in the year 1999.

(2.) The appellant denied the allegations. According to the appellant, he has not done anything wrong. A registered lawyer notice was sent by the Society on 17.9.1999 to the appellant and M/s. Surgi Tech India pointing out the irregularities in the issuance of the cheque. The allegation in that notice was denied by the appellant. M/s. Surgi Tech India not only denied the allegation but also repaid the cheque amount and threatened to sue the Society. Then Ext.P2 lawyer notice was issued on behalf of the Hospital Society to the appellant and M/s. Surgi Tech India. Ext.P2 shows that he was informed that the amount was repaid by M/s. Surgi Tech India as early as on 2.11.1999. It also shows that no loss was caused to the Society. It further shows that the matter was closed. It reads as follows:

(3.) According to the appellant, years after the file was closed, due to political reasons, with ulterior motives and malafide reasons, the matter was reopened. By Ext.3, it was reported in a news paper that the Hon ble Minister stated that action will be taken against the persons who gave political auditing by making a false complaint against RUBCO. It is the case of the appellant that he had pointed out certain irregularities and defects in the working of the RUBCO during the audit conducted by him in the course of his duty and the affairs of the RUBCO is now being enquired into under Section 66 of the Kerala Cooperative Societies Act. It is only because he pointed out certain irregularities in the working of RUBCO that for victimising him the closed matter was re-opened. This statement of the Hon ble Minister was followed by Ext.P4 notice directing him to appear before the Enquiry Officer without framing a charge memo or without specifying any allegations. As can be seen from Ext.P4 he was informed that an enquiry is being conducted on the basis of a complaint given by the Chairman of the State Co-operative Union through the Hon ble Minister on 27.11.2007. The complainant is the Chairman of RUBCO. During the audit conducted by the appellant in his official capacity as Senior Inspector he had pointed out some irregularities in the working of RUBCO and malafides are writ large. It is also contended that the complainant is in no way connected with the affairs and functions of the A.K.G. Memorial Hospital Society in any capacity. He does not have any right to examine and investigate the records and filed of the said Co-operative Society. The complaint is regarding the issuance of the cheque while the appellant was the Chief Executive of A.K.G Memorial Co-operative Hospital in 1999. The complaint itself is dated 22.11.2007. According to the appellant, the long delay, the nature of the complaint, previous closure of the file, etc. prima facie show that it is a clear case of victimisation. The incident occurred in 1999 and the amount covered by the cheque was also returned in the year 1999 itself and the matter was closed by the Board of Directors of the Society in 1999 itself.