of Karnataka Vs. G.M. Hayath  INSC 966 (16 August 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (8) 193
O R D
have heard learned counsel on both sides. The impugned order of the Tribunal
made in OA No.5675/89 on March 23, 1992 is founded upon the disciplinary
proceedings taken by the appellant for the alleged misconduct of the respondent
by producing a certificates at the time of his recruitment to the effect that
the income of his father was more than Rs.1,000/- per annum. On that premise,
they conducted an enquiry under the conduct rules; found him guilty under Rule
6(1) of the Karnataka State Police Disciplinary Proceedings Rules, 1965 and
imposed a penalty of stoppage of one increment without cumulative effect. The
respondent challenged the same. The Tribunal found that he was selected in his
own merit as a general candidate and, therefore, the income has no reference.
It was also found - that the income of his grandfather from the land properties
cannot be clubbed as the concept of joint family is inapplicable to the
respondent who is a member hailing from the majority community (muslim). The
father of the respondent was a petty trader. The Sales Tax Officer who is only
an assessing authority, cannot add 10% of his assessable income to show that
his income is more than Rs.750/- p.a. On either of these grounds, the order
imposing penalty of stoppage of one increment was held illegal. Thus, this
appeal by special leave.
learned counsel for the State, contended that the view of the Tribunal is not
correct in law. We find no force in the contention. As seen, the vary preamble
of the order of the Tribunal does indicate that the respondent had in fact
contended that he was selected as a general candidate on his own merit and not
as a backward class. If that be the position, obviously the income criteria is
clearly inapplicable. Since the respondent does not have any record in that
behalf, it is the duty of the State to produce the selection list prepared by
the Public Service Commission to show whether he was selected and appointed as
general candidate. That record has not been placed on record. Even otherwise
also, we are in agreement with the Tribunal in its findings on merits. The
income of his grandfather from land and properties cannot be included in his
income since the concept of the joint family is not applicable to the presents
professing Islam. The respondent being a Muslim is governed by his own personal
the income of the grandfather cannot be included to be the income of the
respondent. As regards the income of his father, he is a petty trader.
Therefore, the Sales Tax Officer is competent only to assess the annual
turnover of the income and assessable income has to be assessed. But his
certificate of income including 10% more on the assessable income cannot,
therefore, be conclusive.
either case, we do not find any merit warranting interference to produce.
appeal is accordingly dismissed. No costs.