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1977 Supreme(Ker) 226

V.P.GOPALAN NAMBIYAR, G.BALAGANGADHARAN NAIR
VISWANATHAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The appellant was a clerk under the Kerala State Electricity Board and the President of the Trade Union, representing the workers of the Idikki Project. In connection with a strike in February 1969 and certain disturbances consequent on the same, a criminal case under Ss 129-B, 147,149,307, 332 etc. of the IPC. was charged against him and others; but following the report of a District Judge as Commission of Enquiry, the case was withdrawn. Shortly thereafter proceedings were instituted against the appellant under the Kerala State Electricity Board (Classification, Control and Appeal) Regulations, 1969 and the Vigilance Officer of the Board was appointed Special Officer to hold the enquiry under Regulation.16 of the Regulations. The Officer informed the Board that the enquiry may be held by some authority

empowered to summon witnesses. By Ext. P9 G. O., the Government (1st Respondent) referred the case to the 3rd Respondent, the Commissioner and Tribunal for Disciplinary Proceedings. This was followed by Ext. P10 notification under S 9(2) of the Kerala Enquiries and Summonses Act 1960, investing the Tribunal with the powers of the Civil Court to summon and enforce the










































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