P.V.SELVARAJ versus STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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P.V.SELVARAJ v. STATE OF KERALA - OP No. 6081 of 1997(Y) [2007] RD-KL 11015 (22 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 6081 of 1997(Y)

1. P.V.SELVARAJ
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.V.V.SURENDRAN

For Respondent :SRI.N.N.SUGUNAPALAN

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :22/06/2007

O R D E R

KURIAN JOSEPH, J.

O.P. NO. 6081 OF 1997

Dated this the 22nd day of June, 2007.

J U D G M E N T

The issue raised in this original petition pertains to the disciplinary proceedings initiated against the petitioner culminating in his termination from service. In the nature of the view I propose to take this original petition, it is not necessary to refer extensively to the factual background of the case.

2. It is seen that the petitioner had submitted Exhibit P10 representation before the first respondent. The same has been treated as an appeal and it was rejected by the Executive Committee of IHRD which met on 23.06.1998 and communication regarding the same was given to the petitioner as per Exhibit P11.

3. Petitioner submits that being an appeal against an order of punishment and that too against the extreme punishment, he should have been given an opportunity to represent his grievance before the Executive Committee so as to persuade them to have a change of heart. I find force in this submission, being a well settled principle. Rules of natural justice are to be read into, in such situations.  O.P. No. 6081/1997 2 Hence, this writ petition is disposed of directing the Executive Committee of IHRD, which considered Exhibit P10 representation as an appeal, to consider the matter afresh with notice to the petitioner and pass appropriate orders, in accordance with law, within a period of four months from the date of receipt of a copy of this judgment.

KURIAN JOSEPH, JUDGE.

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