L.K. KRISHNAN Vs. STATE OF MADRAS

JUDGEMENT

(1.) The appeal arises from an order of Kailasam J. who dismissed the appellant's petition to quash an order of the State Government reducing the appellant from the cadre of Assistant Engineer to that of a supervisor. He was in the service of the erstwhile Pudukottai State and seems to have actually held four posts. After the merger in 1948 and in accordance with the merger rules as to the services, he was absorbed in Nov. 1949, as a Mechanical Supervisor and in March 1954, promoted as Assistant Engineer. Highways. His services in that cadre were regularised in April 1957. In may next year, the Chief Engineer, Highways, charged him with having made falls statements to the Superintending Engineer, Highways, about his technical qualifications. Before the explanation, which had been submitted, was considered, the Superintending Engineer, in Dec. 1958, framed four charges and held an enquiry into them. In April 1960, in regard to the charge framed by the Chief Engineer, there was a show cause notice against the proposed punishment, but, later in July 1961, that notice was cancelled and a fresh notice combining all the charges was served on the appellant, asking him to show cause why he should not be reverted to the post of supervisor. The charge framed by the Chief Engineer was found proved and so too charges 1 to 3 framed by the Superintending Engineer. Eventually, by the impugned order, the punishment we referred to earlier was imposed on the appellant. Having failed in his appeal and memorandum to the department, he moved this court but without success. Kailasam J. found that the enquiry relating to charges 2 and 3 framed by the Superintending Engineer was vitiated on account of the fact that four witnesses relating to those charges were examined behind the back of the appellant and that, even otherwise, inasmuch as the depositions of those witnesses were not made available to the appellant, the enquiry in respect of those charges and the findings thereon were not legal. But the learned Judge found no case against the departmental findings relating to the rest of the charges. We may mention that even in the departmental enquiry, the fourth charge framed by the Superintending Engineer had been found not true. In that situation. two points were urged in the writ petition, which are also reiterated before us, that the punishment awarded was as a result of the cumulative effect of the findings in respect of the charge framed by the Chief Engineer and charges 1 to 3 framed by the Superintending Engineer, and that since the learned Judge was of the view that the findings on charges 2 and 3 framed by the Superintending Engineer could not be sustained, the punishment also should go. This is on the assumption that there was no knowing whether if these two charges were not found, still the same punishment would have been inflicted on the appellant. On that matter, we think that State of Orissa Vs. Bidvabhushan Mahapatra, A.I.R. 1963 SC 779 is conclusive against the appellant. There the Supreme Court after holding that the findings in respect of some of the charges against a Government servant could not be supported was of the opinion that, nevertheless, the punishment in the context of the other findings on other charges could not be interfered with. While so holding, the Supreme Court observed :

(2.) In our opinion, this case falls under the alternative proposition in the excerpt. The findings on the charges which stand no doubt, were the basis for the infliction of the punishment. But it is not as if that if any one of the foundings on any one of the charges was found to be not supportable, that could have made any difference to the punishment. Each finding on each charge could lead to the punishment. The charge framed by the Chief Engineer was that the appellant made a false statement as to his qualifications. That had a material bearing on his promotion and naturally the reduction in rank would have been lawful and appropriate. So too a punishment of that kind could have been inflicted on the finding on the first of the four charges framed by the Superintend Engineer. We are not here trying to assess whether the punishment was proper or not. We are only concerned to point out that though the punishment was inflicted in relation to the findings, it is not on a cumulative effect of all the findings taken together, but the punishment could have been inflicted on any one or more of the 'findings.

(3.) The other ground urged before us. as was done before Kailasam J., is that the Madras Civil Services (Disciplinary Proceedings Tribunal) Rules 1955, should have been applied to the appellant, and that failure to do so has vitiated the entire enquiry, Kailasam J. went upon the footing that there was no substantial difference between the procedure laid down by these rules and the general rules. But the short answer to the ground is that the findings which ultimately stand do not relate to charges of corruption. While by Rule 1 (c) the Disciplinary Proceedings Tribunal Rules shall apply to all officers under the rule-making control of the State Government other than those mentioned in Art. 311 of the Constitution, it is not compulsory for the Government to refer all cases of disciplinary proceedings to the Tribunal. Rule 4 (1) (a) only says that the Government shall, subject to the provisions of Rule 5. refer, among other cases, to the Tribunal, cases relating to gazetted officers in respect of matters involving corruption on the part of such officers in the discharge of their official duties. Inasmuch as the punishment in this case is not ultimately founded in respect of matters involving corruption, there is no obligation on the part of the Government to refer the appellant's case I to the Tribunal. The appeal is dismissed with costs.Counsel's fee Rs. 150. Appeal dismissed.