PRABHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) DISCIPLINARY action was initiated against the petitioner by serving memo of charge, Ext. P1 and a detailed enquiry was conducted. The petitioner was found guilty of certain charges made mention of in Ext. P1. After serving show cause notice and considering his reply, Ext. P5 order was passed finalising the disciplinary action initiated as per Ext. P1 and imposing a penalty of withholding one increment with cumulative effect and ordering recovery of Rs. 5906. 45 as the loss caused by him. The petitioner appealed against Ext. P5. That was dismissed by Ext. P7 confirming Ext. P5. It is in the above circumstances, the petitioner has approached this Court with this Writ petition.

(2.) THE main contention urged by the petitioner is that by ext. P5, two penalties are imposed on him as mentioned above for the misconduct proved against. Either as per R. 15 or as per R. 16 of the Kerala Civil Services (Classification, Control and appeal) Rules, 1960, the disciplinary authority can impose only any of the specified penalties. R. 11 (1) (iii) of the said rules provides withholding of increments as a penalty and R. 11 (1) (iv) provides recovery from pay of the whole or part of any pecuniary loss caused to the government as another form of penalty. R. 15 provides for the procedure for imposition of a major penalty as provided in R. 11 (1) (v) to (ix ). Here, such a procedure was followed, as a detailed enquiry had been conducted. But even in the show cause notice, the disciplinary authority proposed only two minor penalties of withholding one increment with cumulative effect and recovery of the loss caused by the petitioner. R. 15 (13) of the Rules provides that "if the Disciplinary Authority having regard to its findings is of the opinion that any of the penalties specified in items (i) to (iv) of R. 11 (1) should be imposed, it shall pass appropriate orders in the case". THE said provision is attracted to this case as only minor penalties were proposed and as the proceedings were conducted in terms of R. 15 of the Rules. THE said clause provides that the disciplinary authority can, on sufficient reasons impose only "any of the penalties specified in items (i) to (iv) of R. 11 (1 ). " In this case, the disciplinary authority had imposed two penalties specified in item (i) to (i v) of R. 11 (1) by Ext. P5 and that order was been confirmed by ext. P7 by the appellate authority. Consequently, Exts. P5 and P7 are opposed to the said rule and are quashed. THE disciplinary authority is free to pass fresh orders in the place of Ext. P5, considering reply of the petitioner which' had already made against Ext. P4 show cause notice. Before passing an order, as long time has elapsed, the petitioner shall be rendered an opportunity of being heard. An order shall be passed at any rate, within four months from the date of receipt of a copy of this judgment. THE Original Petition is disposed of as above.