2008 INSC 2028
                                    SUPREME COURT OF INDIA

                                               State of Kerala

                                                      Vs.

                                       Prof. D. Gopalakrishna Pillai

                                           C.A.No.5907 of 2008

                        (Dr. Arijit Pasayat and Dr. Mukundakam Sharma JJ.)

                                                  30.09.2008

                                                JUDGMENT

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in these appeals is to the judgment of a Division Bench of the Kerala High
Court dismissing the appeal filed by the State. Before the High Court it was contended that
the decision of the full Bench of the High Court in Accountant General v. Kunjamma1 relied
on by learned Single Judge was in appeal before this Court and an order of stay of the said
Court had been passed. But, the High Court was of the view that in view of the decision of
the Full Bench the writ appeal was without merit.

3. It is submitted that the High Court's judgment is dated 19.7.2005, while the identical issue
came up for consideration in State of Kerala v. P.V. Neelakandan2, which was decided on
11.7.2005.

4. Learned counsel for the appellant submitted that the view expressed in C.A. No. 2907 of
2005 decided on 22.2.2001 has also relevance.

5. We are of the view that the case at hand needs to be decided in line with what has been
stated in P.V. Neelakandan's case (supra) and in C.A. 2907 of 2005. We, therefore, remit the
matter to the High Court to hear the matter afresh and decide the writ appeal in the light of
what has been stated by this Court in the aforesaid two decisions.

6. The appeal is disposed of accordingly.

12003 (3) KLT 345
22005(5) SCC 561

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