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1964 Supreme(Ker) 308

K.K.MATHEW
Gopalan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner in this case was employed as an acting Lower Division Clerk in the High School for Girls, Kayamkulam. While he was thus employed the Government received information from the Deputy Inspector General of Police, C.I.D. and Railways that the petitioner was engaged in subversive activities. The Government therefore directed the Director of Public Instruction, who is the competent authority under R.2 (c) of the Kerala State Civil Services (Safeguarding of National Security) Rules, 1961, to take action against the petitioner persuant to R.4 (a) of the Rules. Accordingly the Director of Public Instruction issued Ext. P1 notice to the petitioner. The reason for taking the proceeding against the petitioner was mentioned in the annexure to that notice. The petitioner was asked to submit his explanation within 14 days of the receipt of the notice why he should not be proceeded against. He was also asked whether he wished for a personal hearing before the orders were passed. After this notice the petitioner was allowed to proceed on leave from 5-1-1963 onwards as provided for in R.5 of the above Rules. The petitioner submitted an explanation to the Governor on 7-1












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