JUDGMENT

Shircy V.,J.

The General Secretary of Nair Service Society (for short N.S.S) Central Committee, the unsuccessful petitioner, in Writ Petition(C) No. 15039 of 2008 has filed this appeal challenging the judgment of the learned Single Judge dated

28.10.2014.

2. The Brief facts necessary to decide the appeal are as follows: The petitioner is conducting a hospital under the name and style 'N.S.S.Medical Mission Hospital' at Pandalam. The 2nd respondent, (hereinafter referred to as the employee) was an X-ray technician of the hospital. On a complaint filed against him by an inpatient (herein after referred to as the complainant) of the hospital alleging WA 138/2015 2 misbehavior, towards her in the course of taking X-ray on 12.9.2003, a preliminary enquiry was conducted by the Superintendent of the Hospital and he reported that the allegations leveled against him are correct. Acting upon the report, he was placed under suspension. Thereafter, disciplinary proceedings were initiated and an enquiry officer was appointed to conduct an enquiry. The employee filed statement of facts refuting the allegations leveled against him. The disciplinary proceedings culminated in punishment of di