VIMALARAJAN Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) A very short point arises for consideration in this Original Petition. Is the Public Service Commission obliged to state details of the mistake on the basis of which action is taken by the Commission to cancel the advice for appointment in exercise of its powers under R.3(c) of the Kerala State and Subordinate Services Rules

(2.) Petitioner was advised for appointment as Junior Lecturer (Sanskrit General) in the Collegiate Education Department by issue of Ext. P1 dated 23-7-1985. That advice was sought to be cancelled by Ext. P4 notice dated 20-1-1986. That notice was in the following terms:

(3.) Apart from the statement, that the advice Ext. P1 was caused by a mistake on the part of the office of the Public Service Commission, Ext. P4 did not contain any detail which would have enabled the petitioner to submit his explanations in relation thereto. He, therefore, naturally asserted, that there was no mistake as would justify cancellation of her advice in Ext. P1. Petitioner was heard in person on 22-5-1986; and thereafter Ext. P6 order was issued. Even in that order, the Commission did not disclose the particular mistake which was committed by it, which resulted in proceedings for cancellation. After recital of the facts leading to the issue of the notice, the explanations etc., the Commission stated: