IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 22607 of 2004(N) -------------------------- PETITIONER(S): --------------- P.M.SOLAMAN, U.D.CLERK, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION (C) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. GOVERNMENT PLEADER SMT.K.R.DEEPA, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, ALONG WITH WPC NO. 22794 OF 2004 & WPC NO. 23692 OF 2004 THE COURT ON 02/12/2008 DELIVERED THE FOLLOWING: W.P(C).No. 22607/04. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER DTD.4.8.O3. P2. COPY OF THE ORDER DTD.4.8.03. P3. COPY OF THE GOVT. ORDER DTD.10.6.04. P4. COPY OF THE ORDER DTD.16.5.02. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).Nos.22607, 22794 & 23692 of 2004 ================== Dated this the 2nd day of December, 2008 J U D G M E N T In all these three writ petitions the petitioners, who were staff of the District Educational Office, Kollam, were proceeded against in disciplinary proceedings for loss of service book of another U.D.Clerk. Prior to that the Vigilance and Anti Corruption Bureau conducted an enquiry and recommended disciplinary action against the petitioner in W.P(C).No. 23692/2004. Pursuant thereto, the Director of Public Instruction conducted an enquiry and found that, apart from the petitioner in W.P(C).No. 23692/2004, the petitioners in the other two writ petitions are also responsible. It is on that basis proceedings were initiated against other petitioners. The disciplinary proceedings ended in imposition of punishment of barraging of one increment with cumulative effect on all three petitioners. The punishment order was issued in 2003. Apart from the merit of the case, the petitioners would take a contention that in so far as after amendment of Rule 11 of the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960, adding withholding of increment with cumulative effect as Rule (vA) of Rule 11, making that w.p.c.22607/04 etc. 2 penalty also as a major penalty, that punishment can be imposed only after complying with the procedure prescribed under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules, which contemplates an enquiry with opportunity to the delinquent to defend himself, enquiry report etc. The petitioners would contend that the procedure prescribed in Rule 15 has not been complied with in the case of three petitioners before imposing the major penalty of withholding of increment with cumulative effect and therefore, the entire proceedings are vitiated for want of compliance with the procedure prescribed under the Kerala Civil Services (Classification, Control & Appeal) Rules. 2. In two of the writ petitions identical counter affidavits have been filed by the 1st respondent. Although the 1st respondent would justify the action taken against the petitioners, there is no definite denial of the contention of the petitioners that the procedure prescribed under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules, has not been complied with in the case of the three petitioners. No enquiry report or proceedings are referred to in the counter affidavits, nor are they produced. That being so, it is clear that the imposition of w.p.c.22607/04 etc. 3 punishment has not been done in accordance with the procedure contemplated under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules. After the amendment in 2002, of Rule 11 of the Kerala Civil Services (Classification, Control & Appeal) Rules, withholding of increment with cumulative effect is a major penalty for which procedure prescribed under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules has to be complied with. Since the imposition of punishment on the petitioners is after the amendment and without complying with the procedure prescribed under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules, the punishment imposed on them is unsustainable. Accordingly, the punishment orders and the appellate orders impugned in these three writ petitions are quashed. If the respondents still wish to continue the disciplinary proceedings against the petitioners, they may do the same after complying with the procedure prescribed in Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules. The writ petitions are disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.22607/04 etc. 4