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2005 Supreme(Ker) 456

K.A.ABDUL GAFOOR, K.HEMA
Managing Director, Kerala State Road Transport Corporation – Appellant
Versus
S. Abdul Latheef – Respondent


Judgment :-

Abdul Gafoor, J.

KSRTC is in appeal against the judgment of the learned single Judge wherein first respondent is directed to be reinstated, quashing Ext.P12 order of dismissal from service. After an application for voluntary retirement has been forwarded, a charge sheet was issued on him on 27.8.1998. A detailed enquiry was conducted. Based on the enquiry report a show cause notice was issued, Ext.P7. It was respondent to in Ext.P8. Considering the report of enquiry wherein he has been found guilty, Ext.P9 order of dismissal was passed. The show cause notice Ext.P7 reveals that the enquiry report had never been furnished to the delinquent. It is a requirement in terms of Rule 15(12) of the Kerala Civil Services (Classification, control and Appeal) Rules 1960 as made applicable to the service of the appellant. Even otherwise it is an essential requirement of natural justice. On that reason itself the dismissal order is liable to be quashed. Therefore the judgment of the learned single judge is perfectly justified.

2. Further the allegation against him was involvement in a criminal case. He has not been told that he had been found guilty. Even if it is so, the criminal case


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