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1994 Supreme(Ker) 409

K.T.THOMAS
M. Devaki – Appellant
Versus
State – Respondent


JUDGMENT

K.T. Thomas, J.

1. Petitioner was working as Taluk Panchayat Officer. She was appointed as Returning Officer in the Panchayat Elections held in 1988. Disciplinary proceedings were initiated against her alleging that as a Returning Officer she had committed serious electoral delinquency. As per Ext P5 order, 2nd respondent, the Director of Panchayat ordered withholding of her one year's increment with cumulative effect. She filed an appeal before the Government challenging Ext. P5, but the Government dismissed the appeal as per Ext. P7. This Original Petition is in challenge of Exts. P 5 and P7 orders.

2. The main contention of the petitioner in this Original Petition is that the punishment imposed on her is a major penalty and such a penalty could not have been imposed without conducting a formal enquiry into the allegations.

3. Ext. P1 is the memo of charges issued to her, to which she gave Ext. P2 explanation was not satisfactory, the authority has given Ext. P3 show cause notice to her asking her to show cause why the increment for one year should not be withheld with cumulative effect. She gave a reply to it (Ext. P4).

4. Under R.15 of the Kerala Civil Services (Classificat









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