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1994 Supreme(Ker) 306

K.G.BALAKRISHNAN
Madhusoodanan – Appellant
Versus
Chief Election Commission – Respondent


Judgment :-

Petitioner challenges the direction issued by the Chief Election Commission to the 2nd respondent on the eve of bye-election to 65 Guruvayur Assembly constituency. Petitioner is a senior I.P.S. officer. He belongs to 1961 batch of direct recruits to Indian Police Service. He has worked in various capacities. By Government order dated 22-4-1994, petitioner was promoted to the grade of DG and IGP with effect from 1-5-1994. The appointment of the petitioner was against a retirement vacancy. At the time of this appointment, an Original Application filed by another senior IPS Officer was pending before the central Administrative Tribunal, Ernakulam Bench. Petitioner therein claimed that he was entitled to be promoted to the rank of DGP with effect from 1-5-93. The central Administrative Tribunal passed an order to the effect that the appointment to the post of DG and IGP shall be with previous permission of the Tribunal. As the order of appointment of the petitioner as DG and IGP was made without such previous permission of the Tribunal it was brought to the notice of the Tribunal. The Tribunal passed an order permitting the State Government to make appointments in accordanc





















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