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1999 Supreme(Ker) 589

ARIJIT PASAYAT, K.S.RADHAKRISHNAN
K. V. Thomas – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K.S. Radhakrishnan, J.

1. Appellant while working as Head Constable in the Kottayam Police Station was served with a memo of charges. The first charge was that he had misbehaved with the Manager of a Hotel on 12-11-1983 using abusive language and caused inconvenience to the conduct of hotel business and the second charge was that on 24-1-1984 in a druken state he misbehaved indecently in public affecting the dignity of the police force. On the basis of the memo of charges disciplinary proceedings were initiated against him. He was found guilty of both the charges and was imposed with the punishment of compulsory retirement from service with effect from 16-2-1984. Appeal preferred by the appellant was rejected by the Inspector General of Police, against which he preferred appeal before the Government which was also rejected vide order dated 5-1-1988. Those orders were earlier challenged by the appellant before this court in O.P.No.5672 of 1988. This court however set aside the Government order dated 5-1-1988 stating as follows:

"I do not intend to enter into the various points on the merits, mentioned by the Original Petitioner, inasmuch as I am of the view that the order Ext.













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