High Court Kerala High Court

P. Narayanan vs State Of Kerala on 23 December, 2009

Kerala High Court
P. Narayanan vs State Of Kerala on 23 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35597 of 2004(K)


1. P. NARAYANAN, S/O. JANAKI AMMA,
                      ...  Petitioner

                        Vs



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

2. CHIEF FOREST CONSERVATOR

3. CHIEF FOREST CONSERVATOR

                For Petitioner  :SRI.KKM.SHERIF

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :23/12/2009

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                W.P.(C) NO. 35597 OF 2004 (K)
                =====================

         Dated this the 23rd day of December, 2009

                        J U D G M E N T

Petitioner was a Forest Guard. He and 28 others were

issued Ext.P1 memo of charges alleging that while working at the

Kappathode Check Post, which is of Pariyaram Range, they

allowed illegal passage of unauthorised timber collected from the

forest, causing loss of Rs.14,39,469/- to the Government. It is

stated that on receipt of Ext.P1, petitioner submitted Ext.P2

request for permission to peruse the documents, which was not

allowed despite Ext.P3 reminder. It is stated that without

perusing the documents, he had submitted his reply. Enquiry was

conducted and report was submitted finding the petitioner guilty

of the charges. He was not given a copy of the report, but was

given only Ext.P4, an extract, along with Ext.P5 show cause notice

proposing to impose punishment of barring of two increments and

to recover the proportionate loss of Rs.2,849/-. Petitioner states

that he sought time for filing reply and was finally issued Ext.P7

imposing a punishment of barring of two increments with

cumulative effect and to recover Rs.2,849/-. He filed Ext.P8

WPC 35597/04
:2 :

appeal which was rejected by Ext.P9. It is challenging the above

proceedings, the writ petition is filed.

2. The first contention raised by the counsel for the

petitioner is that on receipt of Ext.P1, despite Exts.P2 and P3, he

was not allowed to peruse the documents and that in the

circumstances, he was forced to submit his explanation to the

memo of charges without perusing the documents that were

relied on against him. As far as this plea is concerned, from the

counter affidavit, what appears is that the memo of charges was

served on the petitioner on 1/9/99. It is stated that he had 15

days time to file his reply. After the expiry of the said period, he

submitted Ext.P2 request which reached the respondents on

20/9/99. It is stated that this was the background in which he filed

his reply. As already seen, the petitioner had 15 days time to file

his explanation to the memo of charges. Therefore, if he wanted

to peruse the documents in order to prepare and submit his reply,

he ought to have perused the documents or atleast made a

request before the expiry of the 15 days allowed.

3. The counter affidavit states that not only that the

petitioner did not report at the office of the respondents within

WPC 35597/04
:3 :

the 15 days period allowed, but also that he did not make even a

request within the time allowed to submit his reply. There is no

affidavit in reply to this counter affidavit. In the facts as stated

above, I cannot find fault with the respondents in not having

conceded to the request made by the delinquent belatedly. If so, I

cannot find fault with the respondents in not having taken any

action on Exts.P2 or P3 also.

4. The second ground urged is that the petitioner was not

given a copy of the enquiry report. It is stated that instead of

giving the enquiry report, he was given only Ext.P4, an extract of

the report. It is contended that by this process, natural justice

has been violated. The principles of natural justice require that a

delinquent should be given copy of the enquiry report. However,

violation of natural justice by itself will not result in invalidation of

the proceedings. In cases where a report of domestic enquiry is

not served on the delinquent, he can successfully get the

proceedings invalidated only if he has pleaded and proved that

prejudice has been caused on account of non supply of the

enquiry report. It has been so held by the Apex Court in Haryana

Financial Corporation and another v. Kailash Chandra

WPC 35597/04
:4 :

Ahuja [2008 (9) SCC 31}. In this case, there is no pleading,

muchless any proof of any prejudice that was caused to the

petitioner.

5. That apart, Ext.P4 was enclosed to Ext.P5 show cause

notice. On receipt of show cause notice, Ext.P6 application was

filed by the petitioner seeking time for filing reply. In Ext.P6, he

has not raised any complaint about the non furnishing of the

enquiry report. That apart, failure to furnish copy of the enquiry

report has not been raised as a ground even in Ext.P8 appeal filed

by the petitioner. In such circumstances, petitioner has miserably

failed to establish that by virtue of the failure of the respondents

in furnishing copy of the enquiry report, any prejudice has been

caused to him. In such circumstances, this ground also did not

call for any interference.

6. In the circumstances, I am not persuaded to interfere

with the impugned orders.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp