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1995 Supreme(Ker) 349

K.S.RADHAKRISHNAN
Sreekumar – Appellant
Versus
Kerala Water Authority – Respondent


Judgment :-

Petitioner is a Lower Division Clerk now working at the Mechanical Division, Kerala Water Authority at Palarivattom. He was placed under suspension by Ext. P9 order dated 27.10.1995 based on a Government Letter No. 39345/F2/95/LAD dated 14.9.1995. By the above mentioned letter, the Government directed the Kerala Water Authority to place the petitioner under suspension, since a criminal case has been registered against him. The Kerala Water Authority immediately responded and passed Ext. P9 order under Rule 10(i) (b) of the Kerala Civil Services (Classification, Control and appeal) Rules, placing the petitioner under suspension pending detailed investigation by the Vigilance Department. Petitioner challenges the validity of the said order contending that it is not mandatory on the part of the respondents to suspend the petitioner merely because a criminal case has been registered against him by the Vigilance Department.

2. While working as Lower Division Clerk in the Office of the Assistant Executive Engineer, Water Works Sub Division, petitioner was placed under suspension by Ext. P1 order dated 19.8.1988. The charge levelled against the petitioner was that while he was








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