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1963 Supreme(Ker) 86

C.A.VAIDIALINGAM
GOPINATHAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. In this writ petition, Mr. P. Subramanian Potti, learned counsel for the petitioner, challenges the order Ext. P-5 passed by the State Government, dated 3rd May 1961. Under Ext. P-5, the State Government has dismissed the petitioner from service, on the basis of certain disciplinary proceedings taken as against him.

2. The legal contention that has been taken, apart from the contention taken on facts regarding the sustainability of the findings on the evidence, is as follows. On the dates when the petitioner is alleged to have taken part in political activities, the rules that were in force were the Government Servants Conduct Rules, 1950, promulgated by the Travancore-Cochin Government on 22nd February 1950. Those rules, not having been framed under Art.309 of the Constitution, are not "law". Only if they had been framed under Art.309, the question may have to be considered as to whether the restrictions imposed on Government servants by those rules are reasonable restrictions or otherwise. But the petitioner is considered to have committed a violation of the provisions of R.6? and 69 of the Kerala Government Servants Conduct Rules, 1960, and he has also been found g










































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