High Court Kerala High Court

P.N.Ravindranathan vs Fci on 23 May, 2007

Kerala High Court
P.N.Ravindranathan vs Fci on 23 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 14813 of 1997(L)



1. P.N.RAVINDRANATHAN
                      ...  Petitioner

                        Vs

1. FCI,MADRAS
                       ...       Respondent

                For Petitioner  :SRI.T.R.RAVI

                For Respondent  :SRI.TPM.IBRAHIM KHAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :23/05/2007

 O R D E R
              THOTTATHIL B.RADHAKRISHNAN, J.

                      -------------------------------------------

                          O.P.No.14813 OF 1997

                     -------------------------------------------

                 Dated this the 23rd  day of May, 2007




                                 JUDGMENT

The writ petitioner, then a First Grade Assistant in the

service of the first respondent Food Corporation of India, had to

perform his duties, which included the briefing of the Standing

Counsel for the FCI before this Court. As part of his duties and

responsibilities, he, according to him, attended the office of the

Standing Counsel of the FCI at Ernakulam on the 12th, 13th, 14th,

19th and 20th of March, 1994. On such basis, he placed his

Travelling Allowance and Dearness Allowance bills. He also

drew the allowances.

2. The employer first respondent, through its supervisory

officers, came to a tentative view that the claim for TA and other

amounts was not transparent. They termed it as a case of

cheating the employer. This resulted in disciplinary

proceedings. The competent authority ordered a domestic

inquiry. The disciplinary proceedings culminated in the

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imposition of penalty of barring of three increments. Challenge

to that within the realm of administrative hierarchy failed.

Hence this writ petition.

3. The learned counsel for the petitioner, after having taken

me through different aspects of the case on facts, merits and

evidence, ultimately urged that Ext.P4 certificate issued by the

Standing Counsel regarding the attendance of the petitioner in

the office of the Standing Counsel ought not to have been

brushed aside but ought to have been relied on as a credible

material. He further urged that if it were the intention of the

petitioner to cheat and make unlawful gain, the modus operandi

would have been different. He also argued that the information

allegedly obtained by the employer FCI from the Southern

Railways was not proved in the inquiry and the generation of

that communication is shadowed. This is said by pointing out

that the communication by the Southern Railways to the FCI

does not appear to be an official one, but was apparently a

confidential one in the name cover of a superior officer in the

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FCI viz. Sri.Narayanan Moosath. It is also pointed out that the

disciplinary authority disagreed with the findings of the enquiry

officer as far as the second charge is concerned.

4. Considering the arguments advanced on behalf of the writ

petitioner vis-a-vis the submissions on behalf of the FCI by the

Standing Counsel, it has to be first noticed that no case of

personal bias, malice or malafides is alleged as against the

enquiry officer or the disciplinary authority as such.

5. Along with memo of charges was an appendix, which

enlisted seven documents. The case against the petitioner, in a

nutshell, is that the Railway tickets which he held out as used by

him for travel from Palakkad to Ernakulam on 12th and 19th were

tickets which were issued by the Railways only on 13th and 20th of

March, 1994 respectively. The next aspect of the case is that

though he presented only tickets for travel by First Class, he

claimed TA by Second Class A/c tickets which are costlier than

First Class tickets. Though such claim and drawal of TA and

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other allowances for the Second Class A/c tickets were made, the

materials did not include any evidence of the alleged conversion

of the First Class tickets to Second Class A/c tickets as claimed

by the petitioner.

6. The petitioner was put to notice of the materials being

considered in the inquiry. He was admittedly given an

opportunity to place his defence and meet the accusation. He

also examined two defence witnesses to prove his case that he

had reached Ernakulam on the 12th and 19th respectively. He

also pressed into service a certificate, which is produced before

this Court as Ext.P4, issued by the then Standing Counsel of FCI

certifying that the petitioner had attended the office of the

Standing Counsel on the 12th, 13th and 14th of March, 1994.

7. However, glaring at him were the communications given

by the competent officers of the Southern Railways, which

categorically show that the ticket numbers relied on by the

petitioner to claim TA were actually issued only on the 13th and

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20th of March, 1994 respectively and not on the 12th and 19th of

March, 1994 as claimed by him.

8. Confining the contentions to be in the realm of appreciation

of evidence and reminding myself of the parameters of judicial

review in such matters, I may notice that even if Ext.P4

certificate issued by the Standing Counsel regarding the

attendance of the petitioner in the office of the Standing Counsel

was given the entire credit, the impugned decision cannot be

treated as perverse. While I would assume that the certificate

Ext.P4 is beyond challenge, all that the said certificate evidences

is that the petitioner had attended the office of the Standing

Counsel on the 12th and 14th also, apart from the other days. It

need not necessarily mean that he did not travel from Palakkad

to Ernakulam on the 13th and 20th. May be it is a case where a

person can go back from Ernakulam to Palakkad and return on

the next day having regard to the availability of train service and

the distance to be covered. Under such circumstances, even if

Ext.P4 certificate is to be considered as I would, that does not

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necessarily turn round the findings of the enquiry officer and the

disciplinary authority to treat those decisions as palpably

perverse and so unreasonable that it would not have been

arrived at by any reasonably advised prudent person.

9. Now, reverting to the credibility of the communication of

the Southern Railways to the FCI regarding the date of issuance

of the tickets, while it is the contention of the petitioner that

there was no oral evidence in support of the documents, the said

documents were notified to the petitioner before inquiry. It does

not appear from the materials on record that the petitioner

sought for examination of any witnesses to discredit the

communication by the Southern Railways to the FCI. No

personal interest or prejudice is pleaded or proved either during

inquiry or in this writ proceedings as against the officials of the

Southern Railways, touching the matter.

10. I may also notice and remind myself in this context, the

principles relating to presumptions that would emanate out of

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commonsense, which essentially is the basis for an adjudicator

to understand the common course of human conduct. This

essentially is the jurisprudential background and legislative

wisdom in the crafting of section 114 of the Evidence Act, which

would apply to judicial proceedings. The principles therein are

founded on common sense and would aid in domestic enquiry

and other proceedings, which may not be judical proceedings

and also in quazi-judicial proceedings, even if the Evidence Act,

as such, may not apply to such proceedings.

11. The Southern Railways, while it issues a communication

regarding the contents or date of issuance of a ticket, has

obviously to depend upon its official records and actions

reflected by the records, the regularity and propriety of which is

also a matter of presumption and is to be presumed except in

exceptional situations. Such a presumption is attached to the

communication given by the Southern Railways to the FCI.

While such a presumption, which again is a matter of

commonsense, is a permissible one, it may be open to one who

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challenges it, to dislodge that presumption using any of the

modes as are known, on the facts and circumstances of the

case. But, no attempt was made by the petitioner in the enquiry

proceedings to dislodge the presumption during the course of

the inquiry. Therefore, the communication by the Railways to

the FCI is a material which sufficiently supports the finding

arrived at by the enquiry officer.

12. Having regard to what is aforesaid, while giving complete

credit to Ext.P4 certificate, the contentions of the writ petitioner

as against the findings under charge No.1 are only to be

rejected. I do so. I find no unreasonableness or perversity in

the findings entered by the enquiry officer and the disciplinary

authority as regards charge No.1.

13. The findings under charge No.2 are essentially

complimentary or dependent upon the allegations and findings

under charge No.1 relating to the presentation of the journey

tickets as if they were tickets regarding journey on the 12th and

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19th of March, 1994. Therefore, the disciplinary authority cannot

be found fault with for having disagreed with the enquiry officer

on that count.

14. I also do not find any procedural illegality or irregularity in

the matter of the disciplinary proceedings.

In the result, the writ petition fails. The same is

accordingly dismissed. No costs.

THOTTATHIL B.RADHAKRISHNAN

Judge

kkb.

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THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.14813 OF 1997

JUDGMENT

23rd MAY, 2007.

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