GOPALAN NAMBIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for quashing an order,Ext.P -3 passed by the Municipal Commissioner,Tellicherry,the 4th respondent,suspending the petitioner pending inquiry into the alleged irregularities committed by him in the discharge of his duties as Health Inspector in charge of the Health Officer of the Municipality.The main con­tention of the petitioner was that the Commissioner had no jurisdiction to suspend him or to conduct an inquiry into his conduct in the discharge of his official duties.

(2.) SECTION 8(2)of the Madras Public Health Act,1939 is as follows:" 8(2 ).The authorities who may make appointments to the public health establishments referred to in sub -section(1 ),the conditions of service of the members of such establishments,and the duties of such members shall,notwithstanding anything contained in the Madras District Municipalities Act,1920,or the Madras Local Boards Act,1920,be governed by regulations,not inconsistent with this Act,made by the Government.Such regulations may lay down the extent to which the Director of Public Health shall have disciplinary control over the members of such public health establishments.

(3.) I therefore,quash Ext.P -3 order and allow the writ petition.There will be no order as to costs.