STATE OF KERALA Vs. SUKUMARAN NAIR

JUDGEMENT

(1.) IN this appeal on behalf of the first defendant -State the learned Government Pleader attacks the decree and judgment passed by the learned District Judge, Trivandrum, accepting the claim of the plaintiff in O. S. 115/56.

(2.) THE plaintiff was, at the material time, working as a constable in the Wireless and Telegraphic section of the Armed Reserve of the travancore-Cochin Police Force at Oolampara in Trivandrum. THEre is no controversy that the plaintiff was appointed to the post by the Inspector-General of Police on 3-1-51. It is seen that according to the authorities concerned the plaintiff was suspected to be involved in carrying on certain subversive activities in conjunction with certain other members of the Police Force and that resulted in disciplinary action being initiated as against the plaintiff.

(3.) ON the basis of these allegations contained in Ext. P-1, the plaintiff was called upon, by the D. S. P. , under Ex. P-3 again in august 1962 after setting out briefly the charge and also stating that the plaintiff is directed to show cause within three days, to show cause as to why his services in the department should not be dispensed with. That memo also directs that the explanation is to be presented by the plaintiff as directed in ext. P-2. There is no doubt, the usual warning that if the plaintiff does not appear at the personal hearing orders will be passed without any further reference to the plaintiff.