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2015 Supreme(Ker) 254

A.MUHAMED MUSTAQUE
S. D. Jeyaprasad – Appellant
Versus
Government of Kerala – Respondent


Advocates Appeared:
For Appellant : Babu Joseph Kuruvathazha and T.K. Biju (Manjinikara), Advs.
For Respondents: M.J. Rajasree, Government Pleader

JUDGMENT :

A. Muhamed Mustaque, J.

1. The petitioner entered in the service of Kerala State Pollution Control Board as Assistant Engineer on 28.07.1978. The petitioner thereafter was promoted on higher cadre and finally was appointed as full time Member Secretary of the Kerala State Pollution Control Board on 16.04.2005. While petitioner officiating Member Secretary, he was appointed as Chairman of the Board. The date of superannuation of the petitioner was on 31.03.2010. The petitioner was appointed as Chairman of the Board on 31.08.2009. The petitioner was removed from the post of Chairman as per Government order dated 20.11.2010. Petitioner was able to continue after the superannuation on account of his appointment as Chairman of the Board. The petitioner was terminated in terms of Rule 5(3) of Water (Prevention and Control of Pollution) Act, 1974. Petitioner approached this Court for disbursal of pensionary benefits.

2. In this matter, a third party got impleaded as per I.A. No. 14381 of 2014. He points out that at his instance, petitioner along with others were trapped while accepting bribe of Rs. 15,00,000/-. It is further submitted that petitioner challenged his removal from se











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