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1998 Supreme(Ker) 504

G.VISWANATHA.IYER
Mohammed Haneefa – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner who is a member of the Indian Administrative Service has filed this original petition inter alia to issue a writ of mandamus calling for the files relating to the issue of notification dated 17-8-1987 of the second respondent and to examine the scope and ambit of Clause.9 thereof and quash the proceedings of the Commission of Enquiry constituted by the respondents in respect of matters pertaining to the settlement of final bills, and to restrain the respondents from pursuing further action on the basis of the report of the Commission of Enquiry, in respect of this matter. The petitioner points out that be joined the Civil Supplies Corporation long after the settlement of contract for the purchase of Punjab rice with Scurvier Enterprises in respect of which the enquiry was ordered. The payment of the final bill in respect of the supply from Andhra Pradesh traders was taken up only in April, 1985, while the terms of reference to the Commission of enquiry pertained to dealings/ transactions between October, 1983 and March, 1984. The settlement of the bills was made long after this period. The scope of the enquiry ordered as per Ext. P1 does not take in th





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