High Court Kerala High Court

V.K. Jayaraman vs The State Of Kerala on 17 June, 2009

Kerala High Court
V.K. Jayaraman vs The State Of Kerala on 17 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3220 of 2004(G)


1. V.K. JAYARAMAN, ASSISTANT ENGINEER
                      ...  Petitioner

                        Vs



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

2. THE CHIEF ENGINEER (H.R.M.)

3. THE DEPUTY CHIEF ENGINEER,

                For Petitioner  :SRI.P.K.SURESH KUMAR

                For Respondent  :SRI.JOSE J.MATHEIKEL, SC, KSEB

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/06/2009

 O R D E R
                  ANTONY DOMINIC,J.
               ---------------------
                W.P.(C).No.3220 OF 2004
             ------------------------
           Dated this the 17th day of June, 2009.

                        JUDGMENT

Petitioner was an Assistant Engineer in the service

of the Board. On certain allegations of misconduct he was

placed under suspension on 6.1.2003. He attained the

age of superannuation on 31.3.2003. On that day he was

reinstated and was allowed to retire from service.

2. On 27.6.2003 Ext.P2 memo of charges was

issued and the charges were following;

“(1) You have intentionally delayed the
service connection in respect of one Sri.
K.Kunhu Muhammed, Kallinkal House,
Chundale P.O, Vythiri with oblique motive and
pecuniary interest.

(2)You have demanded and accepted
Rs.2,000/- as bribe from another consumer,
Smt. Aysha, W/o. Sri.kunhamu, Erichipalli
House, Vythiri for effecting service connection
to her newly constructed building.”

3. He submitted Ext.P3 explanation and finally by

Ext.P6, stating that on perusal of the reply submitted by

WP(c).No.3220/04 2

the delinquent he has not put forth any point worth

consideration, punishment of barring of his last drawn

increment without cumulative effect for a period of 6

months was imposed. It was also ordered that the period of

suspension be treated as suspension itself. It is challenging

Ext.P6 that this writ petition is filed.

4. Two contentions are raised. One is that in the

absence of any allegation that any pecuniary loss was

caused to the Board, continuance of the disciplinary action

beyond retirement is impermissible in view of Rule 3 Part

III KSR. A reading of Rule 3 shows that the Government

have power to proceed against a retired person for ordering

recovery from pension, the pecuniary loss caused to the

Government, if the petitioner is ultimately found guilty of

grave misconduct or negligence during the period of his

service. In this case, the misconduct stated above did not

make out a case coming within the scope of the said Rule.

WP(c).No.3220/04 3

5. That apart a reading of Ext.P6 shows that the

disciplinary authority has not independently considered the

explanation submitted by the delinquent. On the other had

the order itself show that the disciplinary authority was

acting at the dictates of the Chief Engineer by obeying his

instruction to impose punishment on the petitioner. This

contention of the petitioner also deserves acceptance. For

the aforesaid reasons Ext.P6 order is quashed. It is

directed that the disciplinary authority shall take a fresh

decision about the manner in which the period of suspension

of the petitioner is to be treated and on the basis of such

decision s the respondent shall work out the pensionery

benefits of the petitioner and allow the benefits on that

basis.

Writ Petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/

WP(c).No.3220/04 4