Point of Law: Misconduct - Terminated from service - Opportunities are so vital and fundamental in its nature that it cannot be even waived at option of delinquent; thus rendering impugned proceedings untenable and without legs to stand on in eyes of law.

JUDGMENT :

This is not the first case where disciplinary proceedings have been assailed for the reason that it has been concluded unmindful of the imperative statutory or legal procedure and this may, perhaps, be the last either.

2. However, what renders the allegations in this writ petition a little different is that the respondents appear — as is virtually conceded — to have conducted and concluded a disciplinary enquiry in absolute ignorance of all established procedure; thus compelling this Court to sit up and notice it.

3. A wood cut of the facts, to begin:-

The petitioner, while working as the Accounts Assistant in “Nirmithi Kendra”, Thrissur, was terminated from service through Ext.P12 order dated 30.04.2011, finding that certain charges of grievous misconduct have been proved against her in disciplinary enquiry.

4. The petitioner's specific case, as argued by her learned counsel — Sri. R. Sreeraj, is that the enquiry stated to have been conducted against her was only “a camouflage, a smoke screen, just to authenticate the illegal, unjust, arbitrary, unreasonable and irrational decision taken by the Executive Committee to terminate the services of the petitioner”.(Sic)

5. Sri. R. Sreeraj, thereafter, submitted that the enquiry proceedings in its entirety is vitiated and contrary to every tenet of Administrative Law, because his client was not given any opportunity of cross-examining the witnesses, whose statements/testimonies have been relied upon by the Enquiry Officer; nor were the copies of such depositions even given to her. He further alleged that his client was not favoured with the copies of the records or the files relied upon against her in the enquiry; and that, to further exacerbate the situation, she was not even given an opportunity to adduce evidence on her own behalf.

6. Sri. R. Sreeraj, therefore, relied upon the judgment of the Hon'ble Supreme Court in State Bank of Patiala & others v. S.K. Sharma [1996 (3) SCC 364], to argue that the aforementioned opportunities are so vital and fundamental in its nature that it cannot be even waived at the option of the delinquent; thus rendering the impugned proceedings untenable and without legs to stand on in the eyes of law. He, therefore, prayed that Ext.P12 be set aside and his client be directed to be reinstated with full benefits.

7. The afore contentions of Sri. Sreeraj were vehemently refuted by the learned Government Pleader -Sri. Sunil Kumar Kuriakose, by inviting my attention to certain documents produced on record by him, along with his memo dated 24.06.2021. He tried to impress upon me that a report of the inspection conducted into the affairs of the “Nirmithi Kendra”, by the District Finance Inspection Squad, Thrissur, has brought to light certain shocking instances of misdemeanour from its employees, including the petitioner. He showed me that said report indicates large scale squandering and misappropriation of the finances of the “Nirmithi Kendra”; and thus contended that the enquiry proceedings against the petitioner is irreproachable.

8. Sri. Sunil Kumar Kuriakose, thereafter, took me through the statements of the witnesses, particularly that of certain Smt. Anitha Francis, who was the then Associate Project Engineer, wherein, she has itemized the various instances of misappropriation of money by the petitioner. He submitted that misconduct of the petitioner was so dire that no reasonable man or Authority could have imposed a punishment lesser than termination. He says that this is exactly what the enquiry officer has recommended through Ext.P10 report and that the same was accepted by the disciplinary Authority, thus leading to Ext.P12 order removing her from service. The learned Government Pleader, therefore, prayed that this writ petition be dismissed.

9. The afore contentions of the rival parties being so recorded, I now proceed to examine the materials and documents available on record.

10. The most vital of the documents relied upon by the respondents