VISWANATHAN K.C. Vs. HIGH COURT OF KERALA

JUDGEMENT

(1.) The challenge is against the verdict dated 03.11.2016 passed by the learned Single Judge with regard to the interference declined as to the dismissal from service ordered by the competent authority, which came to be finalised by the appellate authority as well.

(2.) The sequence of events is as follows: The appellant/petitioner participated in the process of selection and was appointed as a Lascar in the Irrigation Department way back on 07.12.1992. Subsequently, by virtue of inter-departmental transfer, he came to the judicial department as Peon. In the course of time, he obtained various promotions such as Process Server, Attender, Amin and ultimately he was appointed as L.D. Clerk. While continuing in service as above, based on an anonymous complaint, an enquiry was initiated and Ext.P2 memo of charges was issued to the writ petitioner stating that he had not revealed the actual facts and figures with regard to his past service/career in so far as he had deserted the Army and that after undergoing Court Martial proceedings, he was punished with imprisonment as well. These particulars were never brought to the notice of the authorities when selection process was conducted by the PSC. It is also pointed out that as per the discharge certificate issued, the petitioner was held as not fit for any civil employment, which was also not brought on record and that, had it been brought on record, under no circumstances, would the appellant/petitioner have been appointed. As such, suppression was clearly evident and that the petitioner was not entitled to continue in service .

(3.) Pursuant to the reply submitted by the petitioner and based on the finding in the enquiry that the petitioner was guilty of the alleged misconduct, the competent authority imposed a punishment of dismissal as per Ext.P7 order dated 04.11.2008. The matter was taken up in appeal, but interference was declined and the appellate authority also dismissed the appeal as per order dated 24.02.2009. This made the petitioner to have it challenged by filing a writ petition before this Court, which ended up in Ext.P9 judgment passed by the learned single Judge, declining to entertain the challenge. Though an appeal was filed by the petitioner before the Division Bench by filing W.A.No.95 of 2013, the same also came to be dismissed as per Ext.P10 dated 01.03.2013. As the last resort, the petitioner moved the Apex Court by filing SLP (Civil)22800 of 2013, which also came to be dismissed as per the order dated 21.08.2013, a copy of which has been produced as Annexure A3 along with this appeal.