In a writ petition, the High Court quashed disciplinary proceedings where the petitioner was found guilty based on documentary evidence never placed before him or given opportunity to explain. The court held this violated natural justice.
The impugned orders are quashed and the writ petition is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 7782 of 2006(B)
PETITIONER(S):
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A.SASIDHARAN, ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES(RETIRED), HAPPY HOME, EZHIKKARA.P.O, NORTH PARAVOOR, ERNAKULAM DISTRICT.
BY ADV. SRI.GEORGE POONTHOTTAM SMT.PRINCY XAVIER
RESPONDENT(S):
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STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
BY ADV.SRI NOBLE MATHE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 7782 of 2006(B)
APPENDIX
PETITIONER'S EXHIBITS:
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DG
-2-
WP(C).No. 7782 of 2006(B)
EXT.P19 : COPY OF THE G.O. (Rt.) NO.376/06/CO-OP. DATED 26.08.2006. EXT.P20 : COPY OF THE LETTER NO.1393/A1/2007/CO-OP DATED 22.03.2007. EXT.P21 : COPY OF THE LETTER NO.VI/16244/05 DATED 07.08.07. EXT.P22 : COPY OF THE LETTER DATED 30.08.2010. EXT.P23 : COPY OF THE REPLY DATED 09.09.2010 GIVEN BY THE PETITIONER. EXT.P24 : COPY OF THE ORDER NO.EB(3) 13948/09 DATED15.10.2011. EXT.P25 : COPY OF THE REQUEST DATED 19.06.2004 SUBMITTED TO ENQUIRY OFFICER.
EXT.P26 : COPY OF THE ARGUMENT NOTE DATED 21.06.2004 GIVEN BY THE PETITIONER.
RESPONDENT'S EXHIBITS
NIL
/TRUE COPY/
P.A.TO JUDGE
DG
S. Siri Jagan, J.
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W.P(C) No. 7782 of 2006
=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of December, 2011.
J U D G M E N T
The petitioner was the Secretary of the Kerala State Cooperative Union for the period between 24.8.2001 to 29.3.2003. The petitioner was later transferred as Secretary of the Kerala Co-operative Employees Welfare Fund Board on 30.3.2003. While working so, the petitioner was suspended from service on 2.10.2003 by Ext.P1 suspension order on certain allegations of misconduct stated to have been committed by him while he was working as the Secretary of the Kerala State Co-operative Union. He was issued with Ext.P6 memo of charges containing 11 charges on 2.1.2003. By Ext.P5 dated 25.2.2004, an enquiry officer was appointed to conduct the enquiry. By Ext.P7 order dated 27.2.2004, the petitioner was reinstated in service, without prejudice to the disciplinary action pending. Thereafter, Ext.P10 notice dated 3.5.2004 was issued to the petitioner, wherein the petitioner was asked to appear before the Registrar of Co-operative Societies to answer the charge of misbehavior with a lady employee and harassing her mentally. Thereupon, the matter was posted for further proceedings by the enquiry officer. On 9.6.2004, two witnesses were examined, whose depositions have been produced by the petitioner as Exts. P11 and P12. On 19.6.2004, the petitioner examined one witness in his defence. Ext.P26 argument notes were submitted on 21.6.2004. Thereafter, Ext.P14 enquiry report was submitted by the enquiry officer finding the petitioner guilty of 5 out of 11
W.P(C) No. 7782 of 2006 -: 2 :-
charges. In the meanwhile, the petitioner retired from service on 28.2.2004 and by Ext.P13 , the petitioner was asked to show cause why the matter should not be proceeded with under Rule 3 of Part III of K.S.R. The petitioner was again given Ext.P14 show cause notice, enclosing a copy of the enquiry report, directing the petitioner to show cause why certain amounts should not be recovered from the petitioner on the basis of the enquiry report finding the petitioner guilty of the 5 misconducts. The petitioner filed Ext.P15 reply. By Ext.P16, the reply was rejected. By Ext.P19, the Government directed recovery of an amount of Rs.64,307/- from the petitioner's retirement benefits as a punishment in the disciplinary proceedings . The petitioner is challenging the said proceedings.
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W.P(C) No. 7782 of 2006 -: 4 :-
same. I am of opinion that, that amounts to violation of principles of natural justice insofar as the petitioner has not been given an effective opportunity to counter those evidence, which was accepted on record without his concurrence and without his knowledge. The petitioner could not have been found guilty of any misconduct based on such evidence, which was never put to the petitioner. Therefore, the entire enquiry proceedings are vitiated. Consequently, the punishment is also unsustainable.
Accordingly, the impugned orders are quashed and the writ petition is allowed.
Sd/- S. Siri Jagan, Judge.
Tds/
2 issues framed by the court
Whether the disciplinary enquiry proceedings violated principles of natural justice due to lack of opportunity to counter documentary evidence.
Whether documentary evidence relied upon to find a petitioner guilty must be put to him for explanation under principles of natural justice.
A SASIDHARAN
STATE OF KERALA
S SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
