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DR.KRISHNAN NAMBOODIRI M.S. v. STATE OF KERALA REPRESENTED BY THE - WP(C) No. 33833 of 2003(C)  RD-KL 3850 (21 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 33833 of 2003(C)
1. DR.KRISHNAN NAMBOODIRI M.S.,
1. STATE OF KERALA REPRESENTED BY THE
2. THE KERALA STATE HOMEOPATHIC
For Petitioner :SRI.JOHN BRITTO
For Respondent :SRI.CHERIYAN KURUVILLA
The Hon'ble MR. Justice KURIAN JOSEPH
O R D E R
KURIAN JOSEPH, J.W.P.(C) No.33833 of 2003 Dated 21st February, 2007.
J U D G M E N T
Petitioner is aggrieved since his suspension period from 13.7.1999 to 13.7.2000 has not been regularised as duty for all purposes. As per the impugned orders, the said period of suspension is reqularised as duty for all purposes except for pay and allowances. Learned counsel appearing for the second respondent as well as the learned Government Pleader, referring to the respective counter affidavits submit that the petitioner had not been exonerated from all the charges. The punishment was dropped only on certain grounds. The theft of spirit from the pharmacy was due to dereliction of duty and negligence on the part of the petitioner, as reported by the Enquiry Officer, learned Government Pleader submits. There is no dispute that the petitioner was the lawful custodian of the spirit in the pharmacy and therefore, there is some substance in the allegation that there were supervisory laches on the part of the petitioner. That will be a sufficient consideration under Rule 56 Part I K.S.R. in the matter of regularisation of the suspension period. Petitioner apprehends WP NO.33833/03 2 that even the subsistence allowance already paid to him would be recovered. It is made clear that since it is the allowance given to the petitioner to subsist during the disciplinary proceedings, there shall be no recovery of the allowance already paid to him. It is also clarified that he would be entitled to his normal increments etc. and what is denied is only actual pay. The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.tgs
KURIAN JOSEPH, JW.P.(C)No. of 2002
J U D G M E N T
Dated 21st February, 2007.
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