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1980 Supreme(Ker) 85

K.BASKARAN
RAMACHANDRAN PILLAI – Appellant
Versus
KERALA STATE ELECTRICITY BOARD – Respondent


Judgment :-

1. The facts are not in dispute. The petitioner, who was a Junior Engineer in the Electrical section, Narakkal under the Kerala State Electricity Board (for short KSEB) was placed under suspension as per order No. AV. 28721/66 dt. 6-1-1967 in connection with crime No. 7/66 under S.5(1)(a) and (d) read with S 5(2) of the Prevention of Corruption Act and under S.161 of the IPC., registered by the X-branch Vigilance division, Ernakulam against him. Subsequently the petitioner was convicted in C. C. 11/67 on the file of the Special Judge, Trivandrum. He was, therefore, dismissed from the Board's service with effect from 15-5-1970. In the appeal preferred by him before the High Court, the conviction was set aside on the ground that there was no sanction for bis prosecution and he was reinstated in service as per order No. Law 111-6809/70 dt.19-9-1970. Though he was thus reinstated he continued to be under suspension.

2. Prosecution proceedings were thereafter started afresh rectifying the mistake in regard to the-non¬obtaining of sanction pointed out by the High Court in its judgment in Criminal Appgal 119/ 70. Subsequently, his suspension was revoked and he was re-instated i

























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