R RAJENDRANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a retired Assistant Manager of the

(2.) ND respondent, Kerala State Beverages (Manufacturing and Marketing) Corporation Limited. He was directed to be retired from service on 30.01.2004 on attaining 55 years of age. The petitioner filed W.P.(C) No.39147/2003 challenging the retirement on the ground that the age of retirement of the petitioner is 58 years. This Court accepted the same and directed reinstatement of the petitioner in the same post from which he was retired from service. The petitioner was so reinstated. Subsequently on the ground that the petitioner misrepresented to the 2nd respondent about the post which he was holding when he was retired from service earlier on attaining 55 years of age and in the representation dated 06.02.2006 filed by the petitioner, which is produced as Ext.P1, the petitioner has used intemperate language, disciplinary proceedings were initiated against the petitioner by issuing Ext.P4 memo of charges and statement of allegations. An enquiry was conducted in which the misconducts are stated to have been proved and the petitioner was served with Ext.P9 show cause notice dated 09.01.2007, directing the petitioner to show cause why the punishment of censure should not be awarded to the petitioner. The petitioner's explanation was considered and Ext.P10 order of punishment of censure was imposed on the petitioner. The petitioner is challenging Ext.P10. 2. A counter affidavit has been filed on behalf of the 2nd respondent seeking to support the impugned order.