Nissar vs. P.Nagaraj - Kerala High Court, 04 September 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR TUESDAY ,THE 04TH DAY OF SEPTEMBER 2018 / 13TH BHADRA, 1940 OP(Crl.).No. 360 of 2018 CMP 693/2017 of ENQ.COMMR. & SPL.JUDGE,THIRUVANANTHAPURAM PETITIONER/S: NISSAR, AGED 55 YEARS, S/O. THE LATE P.M. SULAIMAN, PUTHEN VEEDU, HIDAYATH NAGAR, PUZHAVADU, CHANGANASSERY, KOTTAYAM, PIN - 686 101.NOW WORKING AS ASSISTANT COMMISSIONER, INTERNAL AUDIT, STATE GST DEPARTMENT, COMMISSIONERATE OF STATE GST, THIRUVANANTHAPURAM. BY ADV. SRI. C.S. MANU RESPONDENTS: 1 P.NAGARAJ, AYYAPPA NIVAS, OPPOSITE COURT COMPLEX, SRA- 62, NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695 121. 2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF VIGILANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 3 DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI-CORRUPTION BUREAU, PATHANAMTHITTA, PIN - 689 645. 4 THE SECRETARY, TAXES (D) DEPARTMENT GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001 OTHER PRESENT: A RAJESH-SPL. PP VACB THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: OP(Crl.).No. 360 of 2018 -2-

JUDGMENT The petitioner in this O.P., inter-alia prays for expunging the adverse remarks made against the petitioner by the Enquiry Commissioner and Special Judge, Thiruvananthapuram in Ext.P4 order.

Heard.

Ext.P4 order was an order passed by the court below dismissing C.M.P.No.693 of 2017 filed by the complainant therein.

The court below observed in paragraph No.10 of Ext.P4 order thus:- “On going through the entire file pertaining to the Enquiry and also the report filed by the Enquiry Officer it could be seen that there is misconduct on the part of respondent Nos.1 and 4 in discharging -3- their official duties.” The court below was not justified in passing the said observations while rejecting the complaint filed by the complainant as the court below was not expected to enter into any finding at that stage as to whether there was any mis-conduct on the part of the petitioner or not. For the said reason, the observation in the order impugned extracted above stands expunged from Ext.P4 order. This O.P.(Crl.) stands disposed of as above. B.SUDHEENDRA KUMAR, JUDGE dl/5.9.18 -4- APPENDIX PETITIONERS EXHIBITS: EXT.P1 :OF THE PRIVATE COMPLAINT FILED BY 1ST RESPONDENT AGAINST THE PETITIONER AN 5 OTHERS AS CRL.M.P.693/17 BEFORE THE COURT OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE,

THIRUVANANTHAPURAM. EXT.P2 :OF THE ORDER DATED 28.11.2017 IN CRL.M.P.693/17 PASSED BY THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM. EXT.P3 :OF THE QUICK VERIFICATION REPORT SUBMITTED BY THE 3RD RESPONDENT. EXT.P4 :OF ORDER DT.10.5.2018 PASSED BY THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM. EXT.P5 :OF THE ASSESSMENT ORDER DT.31.12.14 IN RESPECT OF THE ASSESSMENT YEAR 2011-12 PASSED BY THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PATHANAMTHITTA AGAINST THE ASSESSEE M/S.BHIMA JEWELLARY & DIAMONDS, ADOOR. EXT.P6 :OF THE ASSESSMENT ORDER IN RESPECT OF THE ASSESSMENT YEAR 2012-13 PASSED BY THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PATHANAMTHITTA. EXT.P7 :OF THE APPELLATE ORDER DT.31.7.15 PASSED BY THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, KOLLAM IN SALES TAX APPEAL KVATA(PTA) No.33/15 EXT.P8 :OF THE APPELLATE ORDER DATED 31.7.2015 PASSED BY THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, KOLLAM IN SALES TAX APPEAL KVAT(PTA) No.34/15 EXT.P9 :OF THE REPLY DATED 20.6.18 ISSUED BY THE STATE TAX OFFICER -IB, THIRUVANANTHAPURAM TO THE PETITIONER. EXT.P10 :OF THE GO(Rt) NO.344/17/taxes DATED 28.4.17 ISSUED BY THE GOVERNMENT OF KERALA EXT.P11 :OF THE MEMO OF CHARGES ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER ON 19.8.17 EXT.P12 :OF THE SHOW CAUSE NOTICE DATED 19.8.17 ISSUED BY THE GOVERNMENT OF KERALA TO MR.SATISH V THE 3RD RESPONDENT IN EXPT.P1 COMPLAINT. RESPONDENTS EXHIBITS : NIL // PS to Judge