K C VASU Vs. STATE OF KERALA REPRESENTED

JUDGEMENT

(1.) The petitioner was working as a Head Constable at Nedumkandam Police Station.

(2.) Disciplinary proceedings were initiated against him on the allegation that the petitioner abused his position as a public servant and committed criminal misconduct by demanding bribe of Rs.2,000/- from one Shri.V.T.Saseendran, father of Shri.Rajeev, an accused in Crime No.10/2002 and threatened him that on failure to pay the bribe, his son will be tortured, accepted Rs.200/-, and that as a result thereof, Shri.Saseendran committed suicide. Ext.P1 is the memo of charges and Ext.P2 is the reply submitted by the petitioner.

(3.) Subsequently, by Government Order dated 04/07/2005, the matter was referred to the Vigilance Tribunal, Thiruvananthapuram, for enquiry as provided under the Kerala Police (Departmental Inquiries, Punishment and Appeal) Rules, 1958. Before the Tribunal, witnesses were examined and Exts.P3 to P9 are the depositions of P.Ws. 3, 4, 6, 7, 8, 14 & 15. Evidence was closed, parties were heard and along with its report, the Vigilance Tribunal submitted Ext.P10 recommendation to the Government, recommending to impose a penalty of withholding of two increments without cumulative effect. Accepting Ext.P10 recommendation, Ext.P11 show cause notice was issued to the petitioner, which states that a copy of the Vigilance Tribunal report is appended to it. On receipt of Ext.P11, the petitioner submitted Ext.P12 reply to the show cause notice, pleading innocence and requesting for exoneration from the charges.