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1988 Supreme(Ker) 476

SREEDHARAN
MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Petitioner was a Police Constable in the District Armed Reserve, Trichur. By order dated 26-6-1974 he was dismissed from service by invoking the provisions contained in clause (c) of the 2nd proviso to Art.311 (2) of the constitution of India. That order was set aside by this court in O.P.1033/1980 and directed the Government to conduct an enquiry into the conduct of the petitioner and pass appropriate orders in accordance with law. In pursuance to that direction a full-fledged enquiry was held by the 2nd respondent who was appointed Enquiry Officer. The petitioner was served with memo of charges, Ext. P1. The 2nd respondent submitted his report, Ext. P4, to the Government. On the basis of that report the Government issued Ext. P3 show cause notice to the petitioner informing the Government's provisional decision to dismiss him from service and to submit his representation against the same within 15 days of the date of receipt of the notice. Along with that notice, a copy of Ext. P4 report was also served on him. In reply to Ext. P3 the petitioner submitted Ext. P5 representation praying for exoneration from punishment. After considering the entire documents and afte





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