R. JAIKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Having failed in his challenge against Ext P14 order of demotion and Ext P14(a) enquiry report, the writ petitioner is in appeal.

(2.) The appellant while working as maintenance supervisor in the Thrissur Co-operative Spinning Mills Ltd. was appointed as General Manager, Aleppey Spinning Mills Ltd., on deputation. As per Ext P8 order he was regularised in the post. On the complaints received by the Government alleging that the appellant's BBA and MBA degrees were fake, disciplinary enquiry was conducted against him. It was found that his certificates were fake. Pursuant thereto Ext P14 order of demotion was passed reverting him to his parent institution namely Thrissur Co- operative Spinning Mills as maintenance supervisor.

(3.) In the disciplinary enquiry though he was called upon to appear, he chose not to. He took the stand that he will appear for the enquiry only after he receives the subsisting allowance. Even on the adjourned dates he failed to appear. He was residing only 11 kms away from the place where the enquiry was conducted. Though he was required to be present with the original certificates to prove his qualification he refrained from attending the proceedings. The appellant asserted in the writ petition that he did not seek for his appointment as General Manager and that he did not rely upon the BBA and MBA qualifications for promotion. However the learned single Judge has found that, as is evident from Ext P6 letter of the Managing Director, the appointment was based on application by the appellant and based on his qualifications. The appointment on deputation overlooking the other candidates was based on the higher qualification claimed by the appellant.