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2005 Supreme(Ker) 294

J.B.KOSHY, K.T.SANKARAN
Pushkaran – Appellant
Versus
State of Kerala Rep by The Secretary – Respondent


Judgment :-

Koshy, J.

The appellant, a police constable was proceeded with departmental action for major penalty and was imposed with punishment of withholding two increments with cumulative effect. It was alleged in the charge sheet that on 27.09.1989, the delinquent police constable while on sentry duty in Kodakara police station from 2 p.m. to 4 p.m. hired an autoriksha driven by one Shaji and reached Vattekadu from where he seized some spurious liquor possessed by one Subran and the said Subran was released without registering a case and asked to come to the station next day.

2. After conducting an enquiry, the appellant was imposed with a punishment of withholding two increments with cumulative effect, It was affirmed by the Appellate Authority. In review petition also punishment was upheld. The learned Single Judge found that the enquiry was conducted fairly and no grounds were made out to interfere in the punishment. In fact, the learned Single Judge was of the opinion that the authorities if at all erred, have only erred in favour of the petitioner.

3. It is contended that punishment is liable to be set aside as copy of the enquiry report was not served on him before imposing





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