JUDGMENT :

A.Muhamed Mustaque, J.

The point that arises for consideration in this original petition is whether in a disciplinary proceedings initiated under the Kerala Civil Services (Classification, Control and Appeal) Rules (for short KCS (CC&A) Rules), a recovery can be effected for the loss sustained by the Government without giving a fullest opportunity to the Government servant to discredit the evidence brought against him. An ancillary question also arises in this case as to the continuation of the proceedings under the KCS (CC&A) Rules for the recovery of loss after the retirement of the Government servant.

2. The disciplinary proceedings were initiated against the party respondent before his retirement invoking Rule 15 of KCS (CC&A) Rules, the procedure for imposing major penalty. However, midway it seems proceedings were converted to Rule 16 proceedings of KCS (CC&A) Rules to impose minor penalties and ordered recovery of loss. No opportunity was given to the respondent to discredit the materials against him. On a challenge made by the respondent, the Tribunal noted that converting the proceedings midway from major penalty to minor penalty was legally unsustainable and a con