APUKUTTAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was acting as an Upper Division Clerk in the Kerala Secretariat from 1-1-1957. He has been confirmed in the lower division by Ext. P. 12 in 1956. THE petitioner was charged by Ext. P1 with violating R.64 of the Travancore-Cochin Government Servants' Conduct Rules, 1950. Though the petitioner filed an explanation, an enquiry was ordered which was conducted by the Tribunal for Disciplinary Proceedings. It appears that the Tribunal reported that the charges levelled against the petitioner have not been established. So Ext. P. 3 order was passed in which it is said: "Government accept the finding of the Enquiry Commissioner that the charge has not been proved, and have accordingly decided to drop further proceedings."

(2.) HOWEVER the Government proceeded to direct:

(3.) IT is urged that the petitioner has ceased to be a member of the Kerala Secretariat Subordinate Service and therefore he has clearly been removed from that service and that such removal will attract Art.311 if what has been done is by way of penalty. I do not think that the transfer of a member of a service to another service under the State can be said to constitute a removal from the service as envisaged under Art.311 of the Constitution. The petitioner therefore must fail on the first ground urged in this petition.