DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner at the time of the filing of the writ petition was a Special Revenue Inspector.As per proceedings No.SI -12626/61,dated 17th July 1963 of the third respondent,the District Collector,Kozhikode,the petitioner was permanently reduced to the post of Lower Division Clerk,for certain irregularities and misconduct noticed while he was employed as Revenue Inspector,Sultan Battery.The petitioner preferred an appeal before the second respondent,the Board of Revenue,against the punishment inflicted on him by the third respondent.The second respondent having rejected the appeal petition in its proceedings No.LRE5 -41033/66,dated 22nd February 1967,the petitioner submitted a petition to the Government for review of the orders of respondents 2 and 3.The first respondent,Government of Kerala,after having examined the matter,and after having consulted the Public Service Commission,rejected the review petition by the order,dated 15th April 1968.Thereafter the petitioner submitted a petition,dated 20th May 1968 praying that the orders of the Government,dated 15th April 1968,by which the review application was dismissed,may be revised.The first respondent,Government of Kerala,treating it as a mercy petition,and after consulting the Kerala Public Service Commission,modified the punishment of permanent reduction to temporary reduction for a period of five years on compassionate grounds,subject to the condition that consequent on the modification of the penalty the petitioner would not be entitled to back arrears and seniority over his erstwhile juniors who had by then become his seniors by virtue of promotion given to them after his permanent reduction.Ext.P -2 is the copy of letter dated 7th May 1975 received by the petitioner from the second respondent,rejecting his representation,dated 2nd April 1975,wherein he had pointed out that his promotion to the U.D.Grade had not been regularised under the Madras Ministerial Service Rules.Ext.P -3 is a copy of the order,dated 6th December 1975 of the second respondent,Board of Revenue,rejecting the request of the petitioner,dated 10th February 1975 that he may be temporarily promoted to the grade of Deputy Tahsildar.Ext.P -4 is the copy of the order of the third respondent,the Collector,dated 5th January 1977 by which the petitioner was informed that in Ext.P -1 it had already been pointed out that the modification of the punishment from permanent reduction to temporary reduction was for a period of five years,and was also subject to the condition that he would not be entitled to back arrears and seniority over his erstwhile juniors who had become seniors by virtue of promotion after his permanent reduction had rendered him ineligible for promotion as Upper Division Clerk prior to 22nd July 1974,the date on which Ext.P -1 order was passed by the Government.Exts.P -1 and P -4 orders are under challenge in this writ petition.

(2.) THE counsel for the petitioner submitted that the facts disclosed subsequently show that a rather unmerited punishment was inflicted on the petitioner.He pointed out that the charge against the petitioner was that he had grossly undervalued two maruthu trees put up for sale by fixing their value at Rs.502.67.Paradoxically,later in 1966,15 trees,including the very same two maruthu trees,were valued and sold for a sum of Rs.172 and the sale was confirmed also.No charge was then levelled against the officer concerned for valuing and selling the trees for that price.The counsel fairly conceded that that question could not be now reagitated,and it is only in an attempt to highlight the unfortunate position of the petitioner that this fact,which otherwise has no relevance to the issue now before the court,has been stated.

(3.) THE counsel for the petitioner submitted that the policy of the Government had been to reduce the harshness of the punishment of permanent reduction,and in fact,the aim was to do away with it once for all.He drew my attention to G.O.Ms.No.186/77(G.A.D.) General Administration(D)Department,dated 15th June 1977 wherein the Government had given direction to review all cases wherein permanent reduction was ordered before the coming into force of the amendment to R.11(v)of the Kerala State Civil Services(Classification Control and Appeal)Rules dated 5th June 1973 by G.O.( P)No.108/ 73/PD .,dated 23rd April 1973 published in the Kerala Gazette No.23 dated 5th June 1973.Before that amendment the reductions were of two types:one permanent,and the other temporary.R.11(1 )(v)says: "Reduction to a lower rank in the seniority list or to a lower grade or post or time scale whether in the same service or in another service,State or Subordinate,or to a lower stage in a time scale; "Note: - -(1)The reduction referred to may be either permanent or temporary for a specific period. (2)The temporary period of reduction shall be not less than 6 months and not more than 2 years.If the period is not specified in the order the period of reduction shall be deemed to be six months.