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2011 Supreme(Ker) 1114

C.N.RAMACHANDRAN NAIR, P.S.GOPINATHAN
K. S. Prakasan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant :Sumathy Dandapani (Sr.) & Millu Dandapani, Advocates.
For the Respondent: T.R. Ravi (GP).

JUDGMENT :

P.S. Gopinathan, J.

Appellant is the petitioner in O.P. 32221 of 2001. He was working as a Forest Guard in Malayattoor Division. Alleging dereliction of duties, indiscipline, assault on superior officers after trespassing into the quarters and misuse of departmental vehicle, disciplinary proceedings were initiated against him. Ext.P l dated 8.3.1993 is the memo of charges. An enquiry was conducted. Ext.P2 dated 31.5.1994 is the report of enquiry wherein the enquiry officer had reported that the charges alleged against the appellant stand proved. Accepting Ext.P2 report, the disciplinary authority issued Ext.P3 notice calling upon the appellant to show cause for not imposing a penalty of barring two increments with cumulative effect. Ext.P4 objection submitted by the appellant was overruled and by Ext.P5 order dated 25.10.1994, the disciplinary authority imposed the penalty stated in Ext.P3. Assailing Ext.P5 order, Ext.P6 appeal was preferred before the third respondent which was rejected by Ext.P7 dated 22.11.1995. A second appeal was preferred before the second respondent. It was rejected by Ext.P8 order dated 4.4.1998. Thereupon, a review was preferred before the first r











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