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1995 Supreme(Ker) 182

K.K.USHA
Nithyanandan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Challenge in tlu's original petition against an order of suspension issued by the 2nd respondent, the Commissioner and Secretary to Vigilance (D) Department, against the petitioner's is mainly on the ground that the 2nd respondent has no jurisdiction to issue the order. The 1st petitioner is an Executive Engineer and 2nd petitioner is a Head Draftinan in Puhlic Works Department under the 1st respondent. During the

period 1991-92 and 1992-93 respectively the petitioners were working in the Integrated Tribunal Development Project (I.T.D.P.). They were posted to the project, as the project was undertaken by the Public Works Department. Under Ext. P1 order dated 2 J-10-1994, which is under challenge in lliis original petition, petitioners were placed under suspension with immediate effect pending investigation and disciplinary action against them on the allegation that they abused their official position and committed grave irregularities and malpractices in the execution of second reach of Poduvayal-Ainbannoor road, Pudur Panchayat and misappropriated an amount ol'Rs.12,923/- with the active help and connivance of the Convenor of the work. Ext. P1 order has been issued by t
















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