S. Neelakanta Iyer vs State of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1960 Supreme(Ker) 7

S. Neelakanta Iyer – Appellant
Versus
State of Kerala – Respondent

Advocates:
T.S. Krishnamurthy Iyer and G. Rajasekhara Menon, for Petitioner; Government Pleader, for Respondent.

ORDER :- By this petition under Art. 226 of the Constitution, the petitioner challenges the validity of Ext. P-6, an order dated 24-1-1959, passed by the respondent, the Government of the State of Kerala removing him from service as a Sub-Inspector of Police. A petition of complaint against him for alleged misconduct, was presented to the then Minister for Law by one Radhamma, upon which, pending enquiry, he was suspended from service on 17-2-1958. Preliminary enquiries having been made thereon, Government ordered, by notification dated 7-3-1958. "a detailed departmental enquiry under the Kerala Civil Service (Classification Control and Appeal) Rules, 1957", which may be referred to hereafter as the Kerala Rules, to be held on the complaint for "indecent behaviour and misconduct on his part, and committed the enquiry to the Enquiry Commissioner and Special Judge who may be referred to hereafter as the Commissioner. Upon the complaint, the Commissioner framed a charge against the petitioner, the substance of which was, that after ascertaining that Radhammas husband was not at home on the evening of 7-2-1958; he entered her house on the pretext of questioning her on a matter pending