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2008 Supreme(Ker) 787

T.R.RAMACHANDRAN NAIR
Kunjumon – Appellant
Versus
Secretary to Government – Respondent


Advocates Appeared:
For the Petitioner: N.J. Johnson.
For the Respondent: Smitha Babu (Government Pleader).

JUDGMENT :

The petitioner is working as Villageman and is due to retire from service within a few months. The subject matter of the writ petition is the challenge against Exts.P8 and P10 orders whereby the disciplinary proceedings dropped earlier have been directed to he started afresh.

2. The petitioner was placed under suspension as per Ext.P1 order dated 20.9,1990. Apart from the disciplinary proceedings taken, a criminal complaint was registered against him. By Ext.P2 he was reinstated in service without prejudice to the disciplinary proceedings. After the criminal court by judgment dated 11.11.1994 in C.C. No.422/1990 acquitted him by Ext.P3 judgment, the 3rd respondent issued orders treating the period of unauthorised absence as leave and to treat the period of suspension as duty. This was done after dropping the disciplinary proceedings. Accordingly, half pay leave from 11.5.1990 to 19.6.1990 was sanctioned and to sanction as leave without allowance the period from 20.6.1990 to 1.11.1990, application was forwarded to the Secretary, Board of Revenue by the District Collector as per Ext.P5, Three years later, he was issued with a memo of charges containing two charges. The petit











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