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2008 Supreme(Ker) 228

V.GIRI
P. A. Mohandas – Appellant
Versus
State Of Kerala, Represented by the Secretary to Public Works – Respondent


Advocates Appeared:For the Petitioner:S. George, Advocate. For the Respondents: Government Pleader.

Judgment :

The scope of Rule 56B(i)(a) of Part I of the KSR vis-a-vis the operation of the Kerala Civil Services (Classification, Control and Appeal) Rules 1960 {for short "the Rules"} comes up for consideration in this case. While this court has, on several occasions, spoken on the nature of the power to be exercised under Rules 56 and 56B of Part I of the Kerala Service Rules {for short "KSR"} dealing with the question as to the pay and allowances that a Government servant is entitled to, on reinstatement after revocation of a suspension, in relation to the period during which he was kept under suspension, the question as to whether Rule 18(b) of the Rules has overriding effect in these matters does not seem to have been specifically raised for consideration in such cases. Counsel on both sides made elaborate submissions on this aspect.

2. The petitioner, while serving as an Upper Division Clerk in the Regional Transport Office, Thrissur, was prosecuted for an offence under the Prevention of Corruption Act in C.C.No.13/93 before the Enquiry Commissioner and Special Judge, Thrissur. In the meanwhile, taking note of the fact that he was implicated in a criminal case, he was placed u


















































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