GEORGE P.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who was working on deputation in the Civil Supplies Corporation, is challenging Ext.P4 memo of charges dated 22.06.2016, issued after he was repatriated from Civil Supplies Corporation on 31.05.2016.

(2.) The petitioner is an employee under the Civil Supplies Department. While he was working as Assistant Taluk Supply Officer, he was appointed in the Civil Supplies Corporation, on deputation and he was repatriated to the parent Department on 31.05.2016 as per Ext.P1 order dated 22.04.2016. After his

(3.) rd repatriation to the Department, the respondent issued Ext.P4 memo of charge dated 22.06.2016 alleging certain irregularities during the period when he was working as Assistant Manager, Munnar Depot in the Civil Supplies Corporation for the period from 01.04.2014 to 29.02.2016. In answer to Ext.P4, petitioner has submitted Ext.P5 explanation. 3. Now this writ petition is filed pointing out that Civil Supplies Corporation cannot have any authority to proceed against the petitioner once he was relieved on repatriation, in view of Rule 19 of the Kerala Civil Services (Classification Control and Appeal) Rules. As per rule 19(3) in a case where the borrowing authority has not initiated disciplinary proceedings against a Government servant before his services are returned to the lending authority for acts committed by him while serving under that authority, the lending authority may, by its own motion or on the request of the borrowing authority, initiate disciplinary proceedings against the Government servant in accordance with those rules and impose any of the penalties specified in sub-rule (1) of rule 11.