SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has approached this Court challenging exts. P10, P11 and P14.

(2.) AS the petitioner is now working in Thiruvananthapuram district, the challenge against Ext. P10 is no longer subsists.

(3.) BASED on the findings in the enquiry report a disciplinary Authority can decide to impose a minor penalty only if there if finding warranting such imposition of penalty or in other words if there is finding of guilt. In other words, if there is no finding of guilt in the enquiry report, the Disciplinary Authority cannot impose any of the minor penalties in terms of the sub-r. (13) to R. 15. A Disciplinary Authority other than Government cannot disagree with the findings in the enquiry report as contained in sub-r. (11) to R. 15. Even if the Disciplinary Authority disagrees with the finding, the reason for such disagreement shall be communicated to the delinquent himself. That also is not followed in this case. Therefore, imposition of penalty on the petitioner as per Ext. P11 is arbitrary and capricious exercise of power as there is no finding of guilt in the enquiry report, Ext. P14, against the petitioner. Accordingly, Ext. P11 is quashed. O. P. is allowed to the above extent. No costs. . .