M V ITTYCHERIA Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner is an Assistant Engineer who has been placed under suspension by Ext. P-7 dated 2-7-1957 and regarding whom a formal and public inquiry has been ordered by Ext. P-9 dated 21-11-1957 under S.2 of the Public Servants (Inquiries) Act 1122. S.2 of the Act reads as follows:-

(2.) Ext, P-9 however speaks not of imputations of misconduct but of imputations of irregularity which as conceded by the learned Government Pleader is not the same thing, Misconduct as stated in Batts Law of Master and Servant (4th Edition page 63) comprises positive acts and not mere neglects or failures.

(3.) Confronted with the defect in the wording of Ext. P 9 all that the Government Pleader could submit was that it was a slip in the drafting of the notification and that if we read the notification along with the articles of charge which have been drawn up the notification can be considered to be in order. The articles of charge drawn up do not form part of the notification and it is clear that they have not been published along with the notification. In these circumstances we are not prepared to say that the notification can be sustained. It follows that Ext P 9 has to be quashed and we decide accordingly.