K P PADMANABHAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) In this writ petition the petitioner seeks to have the order passed by the State Government, Ext. P-3 on 5th of February 1904 placing the petitioner under suspension pending fresh disciplinary proceedings contemplated in be taken against him. quashed. Ext. P-4 dated, 28th of February 1964 is only a consequential order passed by the District Registrar, Kozhikode, passed on the basis of the Government Order Ext. P-3. Therefore, the validity of Ext. P-4. depends upon the view to be expressed by this court regarding the validity of Ext. P-3 order and so Ext. P-4 need not be considered separately.

(2.) The main attack that is levelled against the proceedings sought to be initialed as contemplated in Ext. P-3 is that for the same offence for which fresh action is contemplated under Ext. P-3 the petitioner was once punished by way of disciplinary action dismissing him from service, as will be seen from the order Ext. P-1. That order us well as the initiation of the disciplinary proceedings which led to it were challenged by the petitioner in this court in O. P. No; 1493 of 1962 (Ker) under Art.226 of the Constitution; and on the merits this court quashed the entire proceedings by its judgment, Ext. P-2 dated 29th August. 1963, According to learned counsel for the petitioner the decision rendered by this court in O. P. No. 1493 of 1962 operates as res judicata in these proceedings.

(3.) No doubt the learned Government Pleader controverts the stand taken by the petitioner.