High Court Kerala High Court

G.Dinesh vs State Of Kerala on 19 September, 2007

Kerala High Court
G.Dinesh vs State Of Kerala on 19 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17608 of 2003(U)


1. G.DINESH, AGE4D 35 YERARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. AGRICULTURAL INCOME TAX OFFICER,

3. APPELLATE ASSISTANT COMMISSIONER,

4. DEPUTY TAHSILDAR, (REVENUE RECOVERY)

5. PHILIP S/O. POTHEN, KUTTARAPALLIKUNNEL

6. JOSE MATHEW S/O. MATHEW,

7. KATTAPPANA GRAMA PANCHAYATH, REPRESENTED

                For Petitioner  :SRI.T.K.SAJEEV

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)
The Hon'ble MR. Justice R.BHASKARAN (RETD.JUDGE)

 Dated :19/09/2007

 O R D E R
JUSTICE M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF KERALA)
                                           &
    JUSTICE R.BHASKARAN (RETD. JUDGE, HIGH COURT OF KERALA)

                         W.P.(C) No. 17608 of 2003
                               ---------------------------
                  Dated this the 19th day of September, 2007


                                     AWARD


      Petitioner is represented by counsel. Second respondent present in

person. Respondents 1 to 4 are represented by Govt. Pleader.

      The grievance of the petitioner is that though he had purchased only

3 acres of land, he has been made liable for the tax arrears in respect of a

large extent of 15 acres. During discussions today it was brought to our

notice that subsequent to the issuance to the revenue recovery notice the

demand itself was withdrawn. The second respondent agrees that the

respondents liability is only in respect of the area purchased by him. In the

circumstances, we closed this O.P. with a direction that the second

respondent will be     at liberty to issue fresh certificate demanding the

proportionate amount due from the petitioner and that revenue recovery

proceedings can be initiated against the petitioner only in case he fails to

pay the balance amount if any due from him after appropriate notice under

the Revenue Recovery Act.

      The O.P. is disposed of as above.


                                                    M.R.HARIHARAN NAIR
                                   (RETD. JUDGE, HIGH COURT OF KERALA)


                                                          R.BHASKARAN
                                    (RETD. JUDGE, HIGH COURT OF KERALA)
jp


? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C) No. 3404 of 2004(E)


#1. DR.K.A.SYED ALAVI,
                      ...  Petitioner

                        Vs



$1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DIRECTOR OF HEALTH SERVICES,

3. THE DISTRICT MEDICAL OFFICER,

4. THE SUPERINTENDENT,

!                For Petitioner  :SRI.P.RAMAKRISHNAN

^                For Respondent  :GOVERNMENT PLEADER

*Coram
 The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

% Dated :13/08/2007

: O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

——————————————-
W.P(C).No.3404 OF 2004

——————————————-
Dated this the 13th day of August, 2007

JUDGMENT

The petitioner, then an Assistant Surgeon, was placed

under suspension pending enquiry into alleged misconduct.

Ext.P6 was issued to him requiring him to show cause against

disciplinary action on the allegations contained therein. The

charge was that the application submitted by him for leave from

11.9.1995 to 30.11.1995 on medical certificate was returned on

13.12.1995 with direction to obtain and forward revised leave

application, however, that the petitioner did not submit revised

leave application, but enjoyed 81 days’ eligible leave and re-

joined on 1.12.1995 and still further, that he entered on Earned

Leave for 83 days with effect from 4.2.1996 and that a

confidential check up in the matter was conducted through the

Superintendent of Police (Vigilance) and it was found that the

petitioner entered on Earned Leave, which was not sanctioned,

and he was unauthorisedly absent from service and was

engaged in private practice in Hajath Hospital, Ponnani.

WPC.3404/04

Page numbers

2. In Ext.P7, the petitioner replied to the charges. He stated

that the allegation that he is doing private practice in Hajath

Hospital, Ponnani is not true.

3. By Ext.P9 dated 20.3.1996 the Inspector General of Police

(Vigilance) informed the Government through the Commissioner

and Secretary in the Vigilance Department, in answer to the

Government letter dated 19.3.1996, that the confidential check

up conducted in the matter through Sri.K.Balakrishnan Nair,

Superintendent of Police, Vigilance, Kozhikode had disclosed,

among other things, that the petitioner is doing private practice

in Hajath Hospital, Ponnani as informed by Sri.Balakrishnan

Nair over phone.

4. The suspension of the petitioner was revoked and

thereafter, disciplinary proceedings were ordered to be

conducted. On the basis of the direction of the Government

contained in the letter dated 30.7.2001, the Director of Health

WPC.3404/04

Page numbers

Services proceeded with the disciplinary action by issuance of

Ext.P11 show cause notice.

5. I may at once notice that as rightly contended by the

learned counsel for the petitioner, though Ext.P11 show cause

notice is issued calling upon the delinquent to show cause why

the proposed decision to award him the punishment of barring of

next two increments with cumulative effect should not be

implemented, it does not contain that it was concluded in the

enquiry that the petitioner was guilty of the charges. Equally,

the DHS also did not deal with the stand of the petitioner that he

is innocent while Ext.P13 was issued, confirming the provisional

decision regarding punishment. In fact, even in Ext.P13, there is

no definite finding as to the guilt.

6. While there is no malice or malafides is attributed to

Sri.K.Balakrishnan Nair, the Superintendent of Police, Vigilance,

Kozhikode or to the Inspector General of Police to hold that the

opinion gathered by them in the confidential check up is wrong

WPC.3404/04

Page numbers

or unreliable, punishment was imposed by the disciplinary

authority without entering a finding as to the guilt.

7. Imposing the punishment of barring of two increments with

cumulative effect has to be treated only as a minor punishment

as at that point of time and Ext.P14 appeal of the petitioner was

considered by the Government. In considering that appeal, the

Government granted the petitioner an opportunity of personal

hearing. The entire records were examined and the contentions

raised by the petitioner, including on the issue as to how the

period of suspension has to be treated, as also the question of

subsistence allowance, were dealt with quite elaborately by the

Government in the appeal. Advertence to paragraphs 6 and 7 of

Ext.P15 order would show that all the contentions of the

petitioner, on the merits, in opposition to the allegations against

him, have been duly adverted to and considered, including by

putting pointed queries to him during the course of personal

hearing. It has been found by the Government that the charges

are substantiated. The Government also took the view that

barring of increments with cumulative effect was re-categorised

WPC.3404/04

Page numbers

as major penalty only after the relevant time and that therefore,

the petitioner’s contention regarding absence of enquiry in terms

of Rule 15 of the Kerala Civil Services (Classification, Control

and Appeal) Rules, 1960 is not sustainable.

8. Having regard to the nature of consideration of the

materials and contentions by the Government as the appellate

authority, as is reflected in the appellate order, Ext.P15,

particularly paragraphs 6 and 7 thereof, the impugned action

cannot be termed as violative of law, in any manner, and the

impugned order Ext.P15, in which, all the earlier proceedings

have merged, is not bad on counts of any jurisdictional error or

legal infirmity.

In the result, the writ petition fails and is accordingly

dismissed. No costs.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.