STATE OF KERALA Vs. HAMIL RAPHAEL

JUDGEMENT

(1.) THE appellants are the respondents in W.P.(C) No. 1850 of 2008. The said writ petition was filed by the respondent herein challenging Exts. P6 and P7 orders issued by the appellants directing not to give effect to the advice issued by the PSC to appoint the respondent as Warden in the Scheduled Tribes Development Department and to terminate him from service. By the judgment under appeal, the Writ Petition was allowed and reinstatement of the respondent with continuity of service and all other consequential service benefits, including seniority, was ordered. It is this judgment which is under challenge before us.

(2.) THE brief facts of the case are as follows:

(3.) INSOFAR as it is relevant for the purpose of this appeal, all that is needed to be taken note of is clause 15(a). Clause 15(a) contained a question whether any case is pending in any Criminal Court against the candidate. Answering this question, the respondent stated 'yes'. Clause 15(b) provided that if 'yes' is the answer to clause 15(a), the details shall be given. In answer to this question, the appellant gave the following answer: