IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15634 of 2009(Y) -------------------------------------- PETITIONER(S): --------------------- O.P.RADHAKRISHNAN, DEPUTY TAHSILDAR, O/O.THE SPECIAL TAHSILDAR LA (RAILWAY-TANOOR-GURUVAYOOR) RESIDING AT VIPIN VIHAR, EDAPAL P.O., MALAPPURAM DISTRICT. BY ADV. MR.MURALI PURUSHOTHAMAN MR.DEEPU LAL MOHAN MR.NINU M.DAS SMT.LEENA MURALI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.15634 of 2009 -------------------------------------- Dated 8th June, 2009 JUDGMENT Heard Sri.Murali Purushothaman, the learned counsel appearing for the petitioner. 2. The petitioner is presently working as Deputy Tahsildar. On the allegation that while he was working as Village Officer in Vilayur Village in Ottappalam Taluk, he had recommended the issuance of a solvency certificate to Sri.Babu by exorbitantly valuing the lands belonging to him, Ext.P1 memo of charges was issued to the petitioner by the Principal Secretary to Government, Revenue Department. The petitioner submitted Ext.P2 reply wherein he admitted that he had recommended the issuance of a solvency certificate to Sri.Babu and had also admitted that he had reported that the lands have a market value of Rs.21 lakhs. After Ext.P2 reply was submitted, the petitioner was also heard in person. The Government thereafter issued Ext.P4 order dated 12.5.2005 imposing on the petitioner the minor punishment of barring one increment without cumulative effect. The petitioner thereupon moved the Government in review. By Ext.P6 order passed on 17.3.2009 the review petition was also dismissed. Exts.P4 and P6 are under challenge in this writ petition. WP(C).No.15634/2009 2 3. A reading of Exts.P4 and P6 indicates that there was large scale malpractice in the issuance of solvency certificates to abkari contractors. While working as Village Officer in Vilayur Village, the petitioner recommended the issuance of solvency certificate to Sri.Babu. The petitioner reported to his superior officer that 1 acre 39 cents of land belonging to Sri.Babu will fetch a market value of Rs.21 lakhs. On enquiry it was found that the petitioner had valued the land without reference to the actual market value. The petitioner admitted having given such a recommendation. His explanation was that since a large number of Non Indian Residents are residing in the locality, the land value was on the higher side. The Government on a consideration of the entire facts held that though no pecuniary loss has been caused to the Government, the petitioner had recommended the issuance of a solvency certificate without adopting any yardstick. For improper conduct, the Government decided to impose on the petitioner the minor punishment of barring of one increment without cumulative effect. The petitioner has no case that before imposing the punishment of barring of one increment without cumulative effect, the procedure prescribed in Rule 16 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 had not been followed. The petitioner also moved the Government in review. The review WP(C).No.15634/2009 3 petition was also considered and rejected. In the light of the findings arrived at by the Government, over which this Court cannot sit in appeal, it cannot be held that the punishment awarded to the petitioner is excessive. In the absence of any plea on the side of the petitioner that the procedure prescribed under the rules has not been followed, I find no merit in the challenge to Exts.P4 and P6. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS