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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Alexander Thomas, K. Babu, JJ.
State Of Kerala, Represented By Secretary To Government, Revenue Department – Petitioner
Versus
P.Rajan – Respondent
OP(KAT).No.389 OF 2020 & OP(KAT).No.57 OF 2021
Decided On : 26-02-2021
Kerala Land Reforms Act - Constitution of India,1950 - Articles 300A, 226 & 227 - Kerala Civil Service (Classification, Control & Appeal) Rules, 1960 - Rule 11, 15 and (1) – Disciplinary proceedings - Right to Property - Terminal benefits - Punishment - To declare that entire proceedings pursuant to Ext.P1 are invalid; since allegations pertains to function as a quasi judicial authority - To command 1st respondent to disburse DCRG and other terminal benefits due to petitioner and re-fix pension, regularize period of suspension - To issue any other writ order or direction as Hon’ble Court may deem fit in facts and circumstances of case. - whether permanently or for a specified period, and right of ordering recovery from a pension of whole or part of any pecuniary loss caused to Government, if in a departmental or judicial proceeding, the pensioner is found guilty of grave misconduct or negligence during period of his service, including service rendered upon re-employment after retirement, etc - whether before his retirement or during his re-employment, shall after the final retirement of the employee, be deemed to be a proceeding under the above said Rule 3 and shall be continued and concluded by authority by which it was commenced in the same manner as if the employee had continued in service.
Finding of the court: Tribunal after quashing impugned proceedings has also ordered that applicants are entitled to get their period of service as regularized and pensionary benefits properly fixed and get same released at earliest, etc. and that competent authority of Government in Revenue Department has directed to issue necessary orders in that regard, within three months, etc.- Said three months period given in final order has expired a long ago - Present O.Ps (KAT) filed before Court on respectively - Having regard to long delay in compliance of above said directions issued by Tribunal, it is ordered that petitioners herein will ensure that abovesaid directions of Tribunal are complied with, without any further delay, at any rate, within six weeks from of receipt of certified copy of judgment.
Result: Petitions dismissed.
JUDGMENT :
ALEXANDER THOMAS, J.
The prayers in O.P (KAT) No.389/2020 are as follows (See page No.8 of the paper book of that O.P):
(ii) Any other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.”
The prayers in Transferred Application, T.A No.6062/2012 on the file of KAT, Thiruvananthapuram Bench are as follows [See page No.25 of the paper book of O.P (KAT) No.389/2020.]:
“(i) Issue a writ of certiorari or any other writ order or direction to quash Ext.P6 in so far as it imposes punishment on the petitioner;
(ii) To declare that the entire proceedings pursuant to Ext.P1 are invalid; since the allegations pertains to the function as a quasi judicial authority.
(iii) To command the 1st respondent to disburse the DCRG and other terminal benefits due to the petitioner and re-fix the pension, regularize the period of suspension;
(iv) To issue any other writ order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case.”
2. The prayers in O.P(KAT) No.57/2021 are as follows (See page No.8 of the paper book of that O.P):
(ii) Any other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.”
The prayers in Transferred Application T.A No.6071/2012 are as follows (See page No.23 of the paper book of O.P(KAT) No.57/2021).
“(i) Issue a writ of certiorari or any other writ, order or direction to quash Ext.P9 in so far as it imposing punishment on the petitioner.
(ii) To issue any other writ, order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case.”
3. Heard Sri.B.Unnikrishna Kaimal, learned Government Pleader appearing for the petitioners (State of Kerala & another) in these O.Ps,/respondent/s in the T.As and Sri.M.Sasindran, learned advocate appearing for the sole respondent in both these O.Ps/sole applicant concerned in the respective T.As before the Tribunal.
4. The facts in both these cases are broadly similar in nature and the order impugned in both these cases before the Tribunal is a common Government Order covering these applicants as well as certain other alleged delinquents. However for sake of convenience and easy reference, the case in O.P(KAT) No.389/2020, which arising out of T.A No.6062/2012, could be taken as the lead case.
5. The applicants were holding the rank of Tahsiladar (Land Reforms) and they had also functioned in a statutory quasi judicial capacity as the Land Tribunal at Mananthavady, Wayanad in accordance with the provisions contained in the Kerala Land Reforms Act during the period from 1998 to 2000. Both of them were ordered to be placed under suspension from service sometime in the year 2000 in connection with the allegations regarding the alleged illicit felling of trees in the area concerned. Memos of Charges along with the statement of allegations issued by the Government were served on them in that regard. The allegations are to the effect that, the applicants had issued statutory purchase certificates in respect of certain land which was declared as surplus land, without proper verification of the land records and all other documents and it is the admitted case that the issuance of the said statutory purchase certificates was on account of the discharge of their statutory quasi-judicial functions and duties as the Land Tribunal functioning in terms of the provisions contained in Kerala Land Reforms Act. It was thus alleged that the applicants had committed misconduct and dereliction of duty and also failed to maintain absolute integrity and devotion of duty, etc. During the pendency of the abovesaid proceedings both the applicants have retired from service some time in the year 2003. Thereafter, Ext.P1 show cause notice
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