RAJAN DAVID Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) Etitioner challenges the order passed by the 2nd respondent dismissing him from service which was confirmed by the 1st respondent in the revision filed by the petitioner.

(2.) The facts as disclosed would reveal that the petitioner joined Kerala Sports Council as a Basket Ball Coach in 1994. He was served with Ext.P1 memo of charges alleging certain misconducts. Initially, a member of Sports Council was appointed as enquiry officer. Later the enquiry was entrusted to Sri.P.Babu, retired Joint Labour commissioner. Ext.P6 is the report of enquiry. It was found that the charges 1, 2 and 4 against the petitioner were proved. Petitioner was served with Ext.P6 notice to show cause why action should not be taken against him pursuant to the findings in the enquiry report. Ext.P7 is the said show cause notice. Petitioner submitted a detailed explanation as Ext.P8. However, the Sports Council in its meeting held on 10/08/2011 directed termination of service of the petitioner with effect from 02/09/2011. Ext.P9 is the minutes of the Sports Council Meeting and Ext.P10 is the order issued to the petitioner. Petitioner preferred revision before the Government to cancel the resolution under section 8(4) of the Kerala Sports Act, which was rejected as per Ext.P13 order. Petitioner therefore challenges Exts.P9, P10 and P13. Petitioner also seeks for a declaration that the enquiry report at Ext.P6 is illegal and unsustainable and seeks for a further direction to reinstate him in service.

(3.) The petitioner raises the following contentions: