V K VISWANATHAN Vs. DEPUTY DIRECTOR EDUCATION

JUDGEMENT

(1.) THE petitioner was a High School Assistant in Malayalam. He entered service on 7.7.1983. He was suspended from service with effect from 29.7.1994. Subsequently, he was removed from service by order dated 11.10.1995, which is Ext.P16 produced in this writ petition. In respect of the same set of facts relating to the proceedings against him, which concluded in Ext.P16, he was tried by the Judicial First Class Magistrate, Malappuram, in C.C.No.691/2003 and he was acquitted by judgment dated 27.7.2006. According to the petitioner, the petitioner was never served with Ext.P16 order of removal from service and he was under the impression that he continued to be under suspension till he attained the age of superannuation on 2.12.1995. When after acquittal in the criminal case he enquired about the matter, he was told that he was removed from service by order dated 11.10.1995. THEreafter, he obtained a copy of Ext.P16 order and filed this writ petition challenging Ext.P16 seeking the following reliefs:

(2.) ACCORDING to the petitioner, the disciplinary proceedings are vitiated for non-compliance with the procedure prescribed under the Kerala Civil Services (Classification, Control and Appeal) Rules, insofar as no enquiry had been conducted with notice to the petitioner and there is also no enquiry report. More over, Ext.P16 order was never served on the petitioner.

(3.) I have considered the rival contentions in detail.