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2008 Supreme(Ker) 693

ANTONY DOMINIC
P. V. John – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. V.A. Muhammed, K.E. Hamza
For the Respondents: A.J. Varghese

JUDGMENT :

Antony Dominic, J.

The petitioner is a teacher, against whom disciplinary proceedings were initiated. Accepting Ext.P2 enquiry report, by Ext.P3 order the Manager removed the petitioner from service. That order was the subject matter of O.P.No.8054/2003, resulting in Ext.P4 judgment directing to reinstate the petitioner with continuity of service and other benefits, except back wages.

2. The Manager filed appeal against Ext.P4 as writ appeal No.493/2008. The writ appeal was disposed of by Ext.P5 judgment holding that the interference as per Ext.P4 cannot be termed to be unjustified. But, however, it was directed that a fresh enquiry shall be conducted. Accordingly, fresh enquiry was conducted and Ext.P6 is the enquiry report submitted by the D.E.O., Ernakulam. In Ext.P6, the petitioner has been found guilty of seven charges.

3. On receipt of the enquiry report, under cover of Ext.P7 the Manager forwarded a copy of the report of the enquiry officer to the petitioner, proposing major punishment of dismissal and calling upon the petitioner to make her representations, if any, in the matter. In response to Ext.P7, the petitioner submitted Ext.P8 explanation, and the Manager is y









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