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1966 Supreme(Ker) 242

P.GOVINDA NAIR
M. P. CHANDUKUTTY – Appellant
Versus
ADMINISTRATIVE OFFICER, GOVERNMENT MEDICAL COLLEGE, CALICUT – Respondent


Judgment :-

1. The petitioner who was an attender in the Medical College at Calicut was dismissed from service by the Administrative Officer of the Medical College by Ext. P-9 order dated 22121965.

2. The order Ext. P-9 is impugned before me mainly on two grounds. The first is that the order has been passed by a person incompetent to do so, as the Administrative Officer is not the appointing authority and the second is that the procedure adopted in finding the petitioner guilty of the misconduct alleged against him is not only violative of the rules framed and applicable but also violative of the principles of natural justice.

3. The first of these points cannot stand for R.9 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, enables the Government by general or special orders and subject to conditions to delegate to any authority the power to make appointments in the State and Subordinate Service. The Government Pleader has brought to my notice a Government Order, G. O. MS. No. 264/52/Health dated 20 31962 from Health and Labour Department (Health B) Government of Kerala, Trivandrum. It is clear from that order that the Administrative Officer of the Calic







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