KUNJAPPAN Vs. PRESIDENT OF INDIA

JUDGEMENT

(1.) When C. M. P. No. 423 of 1984 was allowed, counsel on both sides agreed to have the Original Petition heard and disposed of forthwith. The Original Petition was accordingly heard.

(2.) The petitioner was a Class IV employee: Jamadar of the Telegraph Store Depot, Ernakulam. He was involved in a murder case, and by Ext. P1 order, he was suspended from service. The criminal case is still pending; but in the meanwhile, he was dismissed from service by Ext. P3 order dated 9-2-1983, reading as follows: -

(3.) In the counter affidavit filed on behalf of respondents (2) to (5), the main point raised is that President's satisfaction under clause (c) of the Second proviso to Art.311(2) is not justiciable and that the concerned authority has exercised its power bona fide. It is also stated that the criminal case "is not the basis of the order of. dismissal''.