VENKITESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) n these proceedings under Art.226 of the Constitution, on behalf of the petitioner, his learned counsel, Mr. K. V. Suryanarayana Iyer, seeks to have the proceedings relating to and culminating in the order, Ext. P 6 in these proceedings, dated 1st August 1961, passed by the respondent State, quashed, and also requests the issue of a writ of mandamus or prohibition forbearing the respondent from giving effect to and from acting on or doing anything in pursuance of the order Ext. P 6.

(2.) Ext. P 6 is the order passed by the State Government dated 1st August 1961, compulsorily retiring the petitioner from service from the date of his suspension, namely, 13th November 1956, & also giving a further direction that the petitioner will be given the benefits of the pension that he is entitled to according to rules. This order is one passed as and by way of punishment in consequence of certain disciplinary proceedings conducted as against the petitioner, to which a reference will be made later.

(3.) In consequence of certain allegations of misconduct stated to have been brought to the notice of the State Government against certain officers of the Forest Department, including the petitioner, under Ext. P 1, dated 9th November 1956, the State Government expressed the view that there are sufficient grounds for making a formal and public enquiry into the truth of the imputations against the officers mentioned therein, including the petitioner. The order also is to the effect that the petitioner is placed under suspension pending enquiry. Along with Ext. P 1, the Articles of Charges framed by the State Government, were also forwarded to the respective officers.