T THANKACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking to quash Exts.P5, P6 and P8 and for a declaration that the disciplinary proceedings taken against him is violative of Rule 15 of the Kerala Civil Services (Classification, Control and Appeal) Rules (for short 'the Rules') and that his probation is liable to be declared with effect from 30-1-1999. The short facts as evident from the pleadings are the following:

(2.) The petitioner was appointed by direct recruitment in the Department of Tourism as Manager Grade III and he joined service on 31-1-1997. While he was continuing in the post of Manager, Government Guest House, Attingal, he was issued with Ext. P1 memo of charges alleging certain misconduct on his part. It was duly replied by him by Ext.P2. After culmination of the enquiry, the Director, Department of Tourism issued a notice, Ext.P3, proposing a punishment of removal from service. Finally, by Ext.P4 proceedings, the Director passed an order terminating him from service. The petitioner challenged the same before the Government which resulted in Ext.P5 order, wherein the Government directed the second respondent to reinstate the petitioner in service after cancelling Ext.P.

(3.) There was a further direction to extend the period of probation of the petitioner for two years and not to give any independent charge of any Guest House to him. After getting reinstated in service pursuant to the above order by Ext.P6, the petitioner submitted a review petition Exl.P7 before the Government. In the above review petition, the petitioner challenged that portion of the order of Ext.P5 whereby his probation was extended for another two years. The Government rejected Ext.P7 by Ext.P8 which resulted in the petitioner filing the writ petition challenging the proceedings issued against him.