NARAYANA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal, petitioner in O.P. 12881/92 challenges the dismissal of his application seeking to quash Ext. P3 order of the Government, ordering compulsory retirement of the petitioner from the service from the date of suspension, viz., 31.3.89.

(2.) The petitioner was a Last Grade Servant working in the Forensic Medicine Department of the Medical College, Kottayam. On 14.5.85, one Sivaraman filed a complaint before the Principal of the said Medical College raising certain allegations which are shocking to human conscience. He alleged that on 10.5.85, his 7 year old son Vineesh who was involved in a Bus accident died while at the Casualty Department of the Medical College and that when he approached the Forensic Department on the next day for release of the dead body which had been subjected to autopsy, he was informed that the body could be released only if he was prepared to go by certain customs and conventions. The complainant was constrained to tender a sum of Rs. 50/- for the purpose and he was then told that others concerned also would have to be bribed. Further delay was caused in releasing the dead body as the complainant was unwilling to pay the amount Ultimately, he could get the dead body at about 3 p.m.

(3.) A Vigilance Case was registered against the person named in the complaint, namely Shri. Gopi and the fact that the present appellant also received bribe from the complainant came to light. Thereupon a regular enquiry was constituted through the Vigilance Tribunal, Trivandrum. The present petitioner was arrayed as 2nd accused in the case. After detailed enquiry, the Tribunal found that the first accused Gopi whose name was mentioned in the complaint, while working as Mortuary Technician in the Medical College, Kottayam abused his official position as a public servant, demanded and received illegal gratification for releasing the dead body and thus failed to maintain absolute integrity and devotion to duty and that the present appellant (2nd accused) also received a sum of Rs. 50/- as illegal gratification for the purpose of releasing the said dead body and thereby failed to maintain absolute integrity and devotion to duty. The Tribunal, however, was inclined to take a lenient law in the matter of punishment for the misconduct and hence recommended only the award of punishment of reduction of the appellants scale of pay to the lowest stage of the last grade service for 5 years.