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1978 Supreme(Ker) 224

GEORGE VADAKKEL, V.P.GOPALAN NAMBIYAR, V.BALAKRISHNA ERADI
XAVIER – Appellant
Versus
KERALA STATE ELECTRICITY BOARD – Respondent


Judgment :-

1. These writ appeals were referred to a Full Bench to consider the question whether disciplinary proceedings started while an employee was in service can be continued after his retirement or termination of service. As the question has important and far-reaching effects on the service conditions of employees and disciplinary proceedings to be pursued against them, it was felt desirable and necessary that the matter should be considered and pronounced upon by a Full Bench. We shall first examine the facts in W. A. No. 294 of 1974 in which the main arguments were advanced.

W. A. No. 294 of 1974

The appellant (writ petitioner) was a Superintending Engineer of the Kerala State Electricity Board, who entered on 450 days' leave and retired voluntarily at the end of it on 15-1-1969. Normally he Should have retired on 30-7-1970. By Ext. P4 memo dated 16-12-1969 issued by the Board he was called Upon to answer certain charges of misconduct. Ext. P5 dated 13-1-1970 is a copy of his reply in answer. By Ext. P6 order dated 1-9-1971 the Government referred the charges to the Tribunal for disciplinary proceedings under R.3 of Part III, Kerala Service Rules, (K. S. R. for short) for enq




























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