1. The petitioner is an extra-departmental Branch Post Master at Meenkunnam. By Ext. P1 dated 20-5-1981 of the Sub Divisional Inspector of Post Offices, Muvattupuzha, the petitioner was "put off duty". Ext. P1 reads;

"Under R.9(1) of P & T E D Agents (Conduct & Service) R.1964 Sri. A.P. Augustine, B. P. M. Meenkunnam is hereby put off duty with immediate effect. Sri. A. P. Augustine is not entitled for any allowance during the period of put off."

Ext. P1 was later ratified by the Superintendent of Post Offices, Alwaye by Ext. RI dated 27-5-1981. As an extra-departmental officer, the petitioner holds a civil post as contemplated under Art.311 of the Constitution (Supdt Post Offices v. P. K. Rajamma, AIR. 1977 SC. 1677).

2. R.9 (1) is extracted by the petitioner in Para.4 of the Original Petition. It reads:

"9. An employee shall be liable to be put off from duty by or under the orders of the appointing authority or any authority to which it is subordinate pending enquiry into any complaint or allegation of misconduct against him. During such period, he will not be entitled to any allowance."

As a result of Ext. P1 the petitioner has been kept out of his office since 20-5-1981