(1.) The petitioner is a member of the Indian Administrative Service. He was appointed as a Member of the Board of Revenue and was promoted to act as the First Member of the Board of Revenue in December, 1961. He was holding the post of Commissioner of Hindu Religious and Charitable Endowments in addition to his duties as a Member of the Board of Revenue from 1-2-1957 to 19-10-1962.
(2.) On the basis of certain petitions containing allegations of corruption and nepotism against the petitioner in the discharge of his duties as Commissioner, the Government conducted an inquiry through X - Branch C. I. D. As the Government found that there was a prima facie case against the petitioner they instituted disciplinary proceedings against him. On 8-3-1963 the Government placed the petitioner under suspension under R.7 of the All India Services (Discipline and Appeal) R.1955, hereinafter called the Rules. The petitioner filed O. P. 485/1963 to quash the order of suspension which is marked in this proceeding as Ext. P-1. That petition was dismissed by Vaidialingam, J., and his decision is reported in Govinda Menon v. State of Kerala 1963 KLT 566 . The petitioner filed an appeal from that decision to the Division Bench and the Division Bench confirmed the decision of Vaidialingam, J. (See Govinda Menon v. State of Kerala 1963 KLT 1162 ). A copy of the charges dated 6-6-1963 was served on the petitioner together with the statement of allegations and he was directed to submit his written statement of defence. Petitioner filed his written statement before the Government. The Government passed an order stating that the explanation to the charges submitted by the petitioner was unacceptable and that the Government consider that the charges should be enquired into by an Enquiry Officer to be appointed under R.5(5) of the Rules, and appointed Sri. T. N. S. Raghavan I. C. S., as Enquiry Officer and he commenced the enquiry on 4th November 1963.
(3.) This writ petition was filed on 1-1-1964, and the prayers in the writ petition were to quash by a writ of certiorari or other appropriate writer order the proceedings initiated against the petitioner under the Rules, and for a writ of mandamus directing the 2nd respondent to allow the petitioner to function as the First Member of the Board of Revenue.
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