VASU K C Vs. STATE OF KERALA

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. P-1 is the memo of charges and Ext. P-2 is the reply submitted by the petitioner.

(3.) SUBSEQUENTLY, by Government Order dated 4-7-2005, 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. P-3 to P-9 are the depositions of P. Ws. 3, 4, 6, 7, 8, 14 and 15. Evidence was closed, parties were heard and along with its report, the Vigilance Tribunal submitted Ext. P-10 recommendation to the Government, recommending to impose a penalty of withholding of two increments without cumulative effect. Accepting Ext. P-10 recommendation, Ext. P-11 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. P-11, the petitioner submitted Ext. P-12 reply to the show cause notice, pleading innocence and requesting for exoneration from the charges. Finally, the Government issued Ext. P-13 Order dated 13-7-2009 imposing a penalty of withholding two increments with cumulative effect. Challenge in this Writ Petition is against Ext. P-13 Order.