STATE OF KERALA Vs. VELAYUDHAN

JUDGEMENT

(1.) THE respondent, who was a head-constable in State service, was dismissed from service by the Government and the petition filed by him under Art. 226 of the Constitution was allowed by Vaidialingam, J. , quashing the order of dismissal. THE State has preferred this appeal from the order.

(2.) THERE were several charges against the respondent and these, along with certain charges against the Sub-Inspector of Police of the same station, were enquired into by Shri P. D. Nandana Menon, Enquiry commissioner and Special Judge, who found the respondent guilty of having received a sum of Rs. 50/-as illegal gratification from Pw. 7. The evidence on the point consisted of the testimony of Pws. 7 and 8. Believing their evidence, the Enquiry Commissioner and Special Judge recommended that the respondent be dismissed from service. In the order under appeal it was held that there were glaring inconsistencies in the evidence of the witnesses and that the Enquiry commissioner had a duty to satisfy himself as to whether there was such a discrepancy and to decide whether such discrepancy would affect the conclusion reached by him. It was further held that the vital basic facts have not been established and that on the other hand the charge stood disproved by the evidence of Pws. 7 and 8. The order of dismissal was accordingly quashed.

(3.) BEFORE parting with the case we may observe that this is a case which merits re-examination by the Government in case a motion for the same is made.