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2010 Supreme(Ker) 3

K.BALAKRISHNAN NAIR, C.T.RAVIKUMAR
M. Babu – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates Appeared:For the Petitioner:P. Ramakrishnan, Advocate. For the Respondents: Alexander Thomas, SC KPSC, Asok M. Cheriyan, SC, KSEB.

Judgment :-

Balakrishnan Nair, J.

The point that arises for decision in this case is whether the time limit prescribed in the relevant Rules for cancellation of an advice by the Public Service Commission will apply to a case of fraud played by the candidate, which was discovered after the time limit.

2. The brief facts of the case are the following:

The writ petitioner is the appellant. He applied for the post of Mazdoor in the Kerala State Electricity Board, when applications were invited by the Public Service Commission (for short "PSC") for the same. He was included in the rank-list published by the PSC. Based on his ranking, he was advised for appointment on 13.9.2002 and he joined service on 21.12.2002. Thereafter, he was promoted as Lineman Grade II on 5.11.2004. While so, the appellant was served with Ext.P2 show cause notice by the PSC on 20.01.2005, proposing to cancel his advice, invoking its power under Rule 22 of the Kerala Public Service Commission Rules of Procedure. He submitted Ext.P4 reply on 10.03.2005. He admitted in the said representation that he has passed the S.S.L.C. Examination as an over-aged private registration candidate. According to the PSC, it did not

































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