IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 OP.No. 10801 of 1998(J) ----------------------- PETITIONER(S): --------------- P.DURGAPRIYA, W/O.P.V.P.BALARAMAN, ASSISTANT DIRECTOR OF AGRICULTURE, WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.C.RAMAN SMT.M.R.MINI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. ADDL. SECRETARY TO GOVT., AGRICULTURE (ESTT.A.) DEPARTMENT, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SHRI.M.R.SABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.10801/98. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE MEMO OF CHARGES DTD.20.5.97. P2. COPY OF THE REPLY DTD.30.6.97. P3. COPY OF THE ORDER DTD.17.10.97. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.10801 of 1998 ================== Dated this the 28th day of October, 2008 J U D G M E N T The petitioner, while working as Agricultural Officer at Krishi Bhavan, Thazhekode, Malappuram District, disciplinary proceedings were initiated against her on certain allegations of misconducts contained in memo of charges dated 20.5.1997, which is produced as Ext.P1 in this original petition. The petitioner submitted explanation, Ext.P2, disclaiming any liability in respect of the misconduct alleged against her. In Ext.P2, she requested for an opportunity to be heard in person. However, her explanation was not accepted and Ext.P3 order was passed imposing on her the punishment of barring of increment for a period of one year without cumulative effect. She was also directed to remit an amount of Rs.14,069/- being her share of the loss sustained by the Government on account of the misconducts found to have been committed by her. The petitioner is challenging Ext.P3 order, inter alia, on the ground that the petitioner was not afforded an opportunity of being heard before passing Ext.P3 order. o.p.10801/98 2 2. A counter affidavit has been filed by the 1st respondent in which they have sought to sustain Ext.P3 order. In the same, while admitting that the petitioner was not afforded an opportunity of being heard, they raised a contention that this being only a minor penalty proceedings, rules do not contemplate an opportunity of personal hearing. Therefore, the 1st respondent would contend that the impugned order is not violative of any principles of natural justice on account of the petitioner having not been heard in person. 3. I have considered the rival contentions in detail. 4. I note from Ext.P1 memo of charges itself that the petitioner was required to state whether she desires to be heard in person. The petitioner, in Ext.P2 explanation to the memo of charges specifically stated that in case the matter was being proceeded with further, the petitioner may be heard in person. Even if there is no procedure of being heard in person prescribed in the rules, after having offered an opportunity of being heard to the petitioner, which she wanted to avail of if the matter was being proceeded with, I do not think that the 1st respondent can be heard to contend that such hearing need not be given to the o.p.10801/98 3 petitioner. This is all the more so since in minor penalty proceedings no enquiry is conducted and the proceedings are finalised in a summary manner by the disciplinary authority without the advantage of hearing arguments on the evidence relied upon against the delinquent officer. In the above circumstances, I am satisfied that Ext.P3 is violative of principles of natural justice in so far as the petitioner has not been afforded an opportunity of being heard as offered to her in Ext.P1. Therefore, Ext.P3 is quashed. It would be open to the respondents to pass fresh orders in the matter after affording an opportunity of being heard to the petitioner. The original petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.10801/98 4 S.SIRI JAGAN, J. ================ O.P.No.10801 of 1998-J ================ J U D G M E N T 28th October, 2008