IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 OP.No. 5672 of 2002(A) ---------------------- PETITIONER(S): --------------- P.R.PAUL,DEPUTY COLECTOR/APPELLATE AUTHORITY (LR),ALAPPUZHA. BY ADV. SRI.P.SANTHALINGAM (SR.) RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR,THRISSUR 2. THE COMMISSIONER,LAND REVENUE COMMISIONERATE,THIRUVANANTHAPURAM. 3. STATE OF KERAL,REPRESENTED BY SECRETARY TO GOVERNMENT,REVENUE DEPAERTMENT,SECRETARIATE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON 18/12/2008 DELIVERED THE FOLLOWING: O.P.No. 5672/02. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE MEMO OF CHARGES. P2. COPY OF THE EXPLANATION DTD.29.3.96. P3. COPY OF THE ORDER BY R1 DTD.4.12.98. P4. COPY OF THE MEMO DTD.7.6.99. P5. COPY OF THE ORDER DTD.9.5.2000 BY THE JOINT COMMISSIONER (LR), TRIVANDRUM. P6. COPY OF THE REVISION PETITION DTD.3.7.2000 TO R3. P7. COPY OF THE REVISIONAL ORDER DTD.23.10.2001. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 5672 of 2002 ================== Dated this the 18th day of December, 2008 J U D G M E N T While working as the Deputy Collector/Appellate Authority, Alappuzha, the petitioner retired from service on 31.1.2002. Earlier, while he was working as Special Tahsildar of Thrissur Municipality, disciplinary proceedings were initiated by Ext.P1 memo of charges. It resulted in Ext.P3 order of punishment of barring of one increment without cumulative effect. The petitioner's appeal was rejected by Ext.P5 order of the Joint Commissioner (LR), Thiruvananthapuram, and revision was dismissed by Ext.P7 order of the Government. The petitioner is challenging Ext.P3, P5 and P7 orders in this original petition. 2. The petitioner raises two contentions. First is that Ext.P3 order is in violation of the principles of natural justice in so far as the petitioner has not been furnished with a copy of the enquiry report before the punishment was imposed. He also challenges proceedings on merits, on the ground that at the relevant time the petitioner was not the person in charge of the office and it was somebodyelse. o.p.5672/02 2 3. A counter affidavit has been filed justifying the impugned orders. Regarding the ground of non-furnishing of enquiry report, in the counter affidavit what is stated is that the punishment imposed on the petitioner is a minor one and hence the respondents are not bound to furnish the enquiry report to the petitioner as per the rules. 4. I have considered the rival contentions in detail. 5. In view of the specific averment in the counter affidavit that respondents are not bound to provide the petitioner with the enquiry report, it is abundantly clear that the enquiry report was not furnished to the petitioner. Notwithstanding the fact that only a minor punishment has been imposed on the petitioner, the proceedings were after complying with the procedure for major punishment. The punishment awarded to the petitioner is also based on the findings in the enquiry report. That being so, principles of natural justice demand that the petitioner should be furnished with a copy of the enquiry report before the punishment can be awarded to him, that too, after affording an opportunity to show cause as to why the enquiry report should not be accepted by the disciplinary authority. The o.p.5672/02 3 same has admittedly not been done in this case. Therefore, the impugned proceedings are violative of the principles of natural justice. Accordingly, the same are quashed. If the respondents so wish, they may continue the proceedings, if they can validly do so at this point of time, after furnishing the petitioner a copy of the enquiry report and granting him an opportunity to file representation against the same. The original petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.5672/02 4 S.SIRI JAGAN, J. =============== O.P.No. 5672 of 2002-A ================ J U D G M E N T 18th December, 2008