1. This appeal is by the State which has been seriously aggrieved by that part of the judgment of the learned judge in O. P. No. 4594 of 1976 which stated that an order of dismissal cannot take effect from the anterior date of suspension of the employee which was directed pending enquiry into the disciplinary proceedings The respondent was placed under suspension on 14-8-1963 for certain irregularities and misconduct which were the subject-matter of enquiry and disciplinary proceedings against him. These resulted in finding the respondent guilty. An order of dismissal was passed on 8-6-1976 to take effect from 14-8-1963, the date on which the respondent was placed under suspension. The learned judge held that this was not permissible, and was indeed illegal, on the only ground that being an executive order, the order of dismissal cannot take effect from a date anterior to the one on which it was made. The learned judge's attention was called to two decisions of this Court in Venkiteswaran v. State of Kerala (1963 KLT. 1097) and Narayana Murthi v. State of Kerala (1964 KLT. 180). Referring to these decisions, the learned judge stated that this Court was moved mainly by t