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1977 Supreme(Ker) 103

V.P.GOPALAN NAMBIYAR, K.K.NARENDRAN
ENOS JEEVAKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The writ petition is to quash the disciplinary proceedings taken against the petitioner resulting ultimately in Ext. P-1 order of the Government imposing a penalty of stoppage of increment for three years with cumulative effect. There were altogether five charges against the petitioner which will be found set out in Ext. P-1. Preliminary enquiries were conducted by X-Branch Vigilance Division into some of the allegations, which revealed a prima facie case of misconduct and irregularity. Disciplinary proceedings were initiated. Charges were framed, and were referred for enquiry and report to the Tribunal for Disciplinary proceedings. This was obviously on the basis that a major punishment was proposed to be inflicted and that it was necessary to sanction and follow the procedure prescribed by R.15 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. The Tribunal found that none of the charges had been substantiated. The proceedings were submitted to the disciplinary authority, namely, the Government of Kerala. That authority disagreed with the Tribunal in respect of its findings on charges 2 and 3. We may briefly extract these charges:

"2. The








































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