IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 OP.No. 9156 of 1999(M) -------------------------------- PETITIONER(S): ---------------------- K. RAMAKRISHNAN, RETIRED TAHSILDAR, 'SREE NILAYAM', EAST FORT, MAVELIKARA. BY ADV. MR.T.P.VARGHESE MR.PHILIP T.VARGHESE RESPONDENT(S): ------------------------- GOVERNMENT OF KERALA, REPRESENTED BY THE SEPCIAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 9156 of 1999(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEMO CHARGES NO.33027/C1/86/RB DATED 14/08/1986 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE STATEMENT OF ALLEGATIONS ISSUED BY THE RESPONDENT TO THE PETITIONER ALONGWITH EXHIBIT P-1. EXT.P3: COPY OF THE EXPLANATION DATED 24/10/1986 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P4: COPY OF THE G.O.(RT)NO.1738/86/RD DATED 22/11/1986 ISSUED BY THE RESPONDENT. EXT.P5: COPY OF THE G.O.(RT)NO.1391/87/RD DATED 28/08/1987 ISSUED BY THE RESPONDENT. EXT.P6: COPY OF THE POSTING NOTICE ISSUED BY SHRI.RAVINDRAN THAMPI TO THE PETITIONER DATED 18/12/1987. EXT.P7: COPY OF THE SHOWCAUSE NOTICE NO.11243/C1/88/RD DATED NIL ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE REPLY DATED 31/07/1990 SUBMITTED BY THE PETITIONER TO EXHIBIT P-7 SHOW CAUSE NOTICE. EXT.P9: COPY OF THE G.O.(RT)NO.3912/98/RD DATED 10/09/1998 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P10: COPY OF THE ORDER IN O.A. NO.956/94 DATED 31/12/1996 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 9156 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th March, 2009. J U D G M E N T The petitioner, while working as a Special Deputy Tahsildar of the Cardamom Settlement Office at Devicolam in 1983, disciplinary proceedings were initiated against him in respect of certain reports submitted by the petitioner in favour of one Sri. Thomas Sebastian on a petition submitted by him to the Cardamom Settlement Officer seeking permission to cut trees standing in the cardamom plantation of the said Thomas Sebastian for regulation of shade. The allegation was that permission was illegally given and in the guise of granting permission to cut shade trees, pucca trees were permitted to be cut. In respect of the same, disciplinary proceedings were also initiated against two other persons, namely, one Sri. C.S. Scaria who was the Deputy Collector in charge of the office as also one Sri. K.A. Kittu, the cardamom settlement officer who was an officer of the I.A.S cadre. It appears that a joint enquiry was conducted against Sri. C.S. Scaria and the petitioner and another enquiry against the Sri. Kittu., the settlement officer. Since the enquiry against Sri. Kittu was quashed by the Central Administrative Tribunal by Ext. P10 order. The joint enquiry against the petitioner and C.S. Scaria ended in imposition of punishment of reduction in pension amounting to Rs.150/- per month on C.S. Scaria and Rs.50/- per month on the petitioner. In addition to that, it was also directed that the loss caused to the Government on account of the loss of trees amounting to Rs. 10,35,600/- be recovered equally from the two officers. The order of punishment against the petitioner is Ext. P9 is under challenge in this original petition. 2. Sri. Scaria had also filed O.P.No. 1209/1999 challenging the disciplinary proceedings against him,, which was disposed of by me by judgment dated 29-10-2008. In that judgment, while quashing the recovery of half of the said amount of Rs. 10,35,600/- on the O.P. No. 9156/99 -: 2 :- ground that there is no evidence to prove the alleged loss caused to the Government, I upheld the punishment of reduction in pension imposed on the said C.S.Scaria. 3. Although, in this original petition also, the petitioner argued in detail for quashing the entire proceedings against him, when the judgment in O.P.No. 1209/1999 was brought to his attention, it is now admitted that a similar judgment may be passed in this case also. 4. Accordingly, following that judgment, I quash the proceedings against the petitioner for recovery of the alleged loss caused to the Government on account of the misconduct found to have been committed by the petitioner. However, imposition of punishment of reduction in pension on the petitioner at the rate of Rs. 50 per month cannot be validly assailed by the petitioner and accordingly the same is confirmed. Ext. P9 would stand modified to that extent. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/