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2001 Supreme(Ker) 579

K.A.ABDUL GAFOOR
N. Appukuttan Nair – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

Ext.P1 is the order placing the petitioner under suspension. The petitioner is a Tribal Extension Officer. A case is registered against him under Sections 13 (1) (c ) and (d) read with Section 13 (2) of the Prevention of Corruption Act and Sections 409 and 429 of the Indian Penal Code in the Vigilance Police Station at Wayanad. The allegation in the criminal case is that he, by abusing his official position, misappropriated government money to the extent of Rs. 98,120/- meant for the execution work relating to the construction of eleven Adivasi Houses at Thavinhal Panchayat and Cheated the Government and poor Adivasi beneficiaries. He also thus enriched himself causing corresponding loss to the Government. Government felt that it was not desirable to allow him to continue in office as he committed a grave offence. It was in the above circumstances the Government issued Ext.P1 order of suspension.

2. Competence of the Government to place him under suspension is not disputed before me as Government is superior to his appointing authority. But assailing Ext.P1, it is submitted that Ext.P1 order has been passed by the Government in the Vigilance Departme














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