IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 35697 of 2008(Y) ------------------------------------ PETITIONER: ------------------ SHAJI LUKOSE, SUB INSPECTOR OF POLICE, POLICE CONTROL ROOM, THIRUVANANTHAPURAM CITY, RESIDING AT KALIYILAZHAKATHU VEEDU.P.O, OZHUKUPARAKKAL, AYUR, KOLLAM DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, KERALA POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE, NANDAVANAM, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (C)No.35697 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 JUDGMENT Petitioner is serving in the Police Department as Sub Inspector of Police. It is the admitted position that disciplinary proceedings were initiated against him in the year 1998, since he had allegedly misbehaved towards one Sreedharan Nair and assaulted him in an inebriated condition on September 26, 1998 near Palode bridge, while he was on duty as Sub Inspector in the Police Station concerned. Petitioner was placed under suspension. In the enquiry, the charge levelled against the petitioner was found to have been proved. 2. By order dated February 5, 2000, the disciplinary authority, after considering the PR minutes and other records relating to the enquiry conducted against the petitioner, accepted the finding of the Enquiry Officer and imposed a punishment of barring of increment for one year with cumulative effect. A copy of the said order is on record as Ext.P1. 3. The above order was confirmed in appeal by Ext.P2 order dated April 29, 2002. Though the petitioner had submitted a review petition against the above order, it was rejected by he Government as is revealed from Ext.P3 order dated October 29, 2004. It appears that the petitioner had thereafter submitted a mercy petition before the Chief Minister requesting him to review the orders of the authorities imposing punishment on him. The said petition was rejected by the Government by Ext.P5 order on September 30, 2006. 4. The petitioner did not stop there. He submitted Ext.P6 WP.35697/2008. 2 representation before the Minister for Home Affairs in the Government of Kerala. The Government by Ext.P7 order dated August 27, 2008 rejected the said petition also. In this order the Government informed the petitioner that his earlier requests had already been considered and it had been found by the Government that no further review of the earlier orders is warranted. 5. It is contended by the learned counsel for the petitioner that the disciplinary proceedings initiated against the petitioner as well as the punishment imposed on him pursuant to the said disciplinary proceedings are vitiated, in as much as the petitioner had not been served with a copy of the enquiry report. I am afraid the above contention is totally untenable. It is too late in the day for the petitioner to take up the above contention at this belated stage. As mentioned earlier, the disciplinary proceedings had culminated in imposing the punishment on him way back in the year 2000. The Appellate Authority and the Government had considered his appeal and review petition and rejected it as early as in 2004. It is not borne out by any of the records that petitioner had raised this contention at any earlier point of time. In any view of the matter I do not find any merit in the contention raised by the petitioner. The writ petition fails. It is accordingly dismissed. A.K. Basheer Judge. an.