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1984 Supreme(Ker) 264

V.SIVARAMAN NAIR
IBRAHIM – Appellant
Versus
KERALA WAKF BOARD – Respondent


Judgment :-

1. Can an employee of a Statutory Authority - or any employee for that matter-who invites the attention of the employer to adverse comments in the press about the employer be said to have committed a misconduct and placed under suspension? Is not such action of the employer violative of the employee's right to free speech? These interesting questions arise in this original petition.

2. Petitioner is the Head Accountant in the Kerala Wakf Board. He was suspended from service by Ext. P-8 order in view of the misconduct involved in the submission of Ext. P-4 representation and in spite of Ext. P-7 submitted by the petitioner Counsel for the petitioner submits that the submission of Ext. P-4 does not disclose any misconduct, nor does it justify any disciplinary action against him, in aid of which alone, he can be kept under suspension.The petitioner, therefore, seeks the issue of a writ of certiorari to quash Ext. P-8 order.

3. Exts. P1 to P3 are three newspaper reports, which were published early in June this year, relating to some alleged irregularities in the handling of Wakf properties situated at Alleppey and Quilandy. In Ext. P-1, it was insinuated that the degradation































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