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2015 Supreme(Ker) 1676

DAMA SESHADRI NAIDU
Ajayakumar – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.C. Santhoshkumar & K.K. Chandralekha
For the Respondents: George Poonthottam & K.C. Vincent (Sr. Government Pleader)

JUDGMENT :

Facts:

1. The petitioner, a Peon in the service of the fourth respondent Society, has faced disciplinary proceedings and earned a dismissal through Exhibit P11 order. He has impugned Exhibit P11, inter alia, on the ground that it was passed by an incompetent authority and that the order of dismissal is non est.

Scope of Adjudication:

2. Though the petitioner has raised various other issues, they may not, however, be germane for our consideration. In a judicial review, as is well-settled, the power of the management to inflict appropriate punishment on a delinquent employee can neither be cribbed nor curbed, provided the power is exercised by a proper authority. Without cavil, I may observe that the writ of certiorari can be exercised on certain well entrenched judicial parameters, such as ultra vires, disproportionality, perversity of finding, etc. In the present instance, the contention of the petitioner is that the capital punishment of removal from service was passed by an authority who is not clothed with any power. Simply stated, Exhibit P11 is ultra vires.

3. On the other hand, the respondent-Society has taken an objection against the maintainability of the writ petitio


















































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