IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 17052 of 2010(F) -------------------------- PETITIONER(S): --------------- M.N.MOHANAN,S/O.NARAYANAN NAIR, AGED 48 YEARS,FORMER POLICE CONSTABLE,ALUVA POLICE STATION,(RESIDING AT THAMARASSERY HOUSE,P.O.AIMURI ELAMBHAGAPPILLY,PERUMBAVOOR,ERNAKULAM DISTRICT). BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA STATE REPRESENTED BY ITS SECRETARY TO GOVERNMENT,HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE,POLICE HEAD QUARTERS,TRIVANDUM. 3. THE INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE,ERNAKULAM. 4. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL,ALUVA. BY GOVT. PLEADER SRI.ARAVIND KUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P.(C) No.17052 of 2010 ------------------------------- Dated this the 11th day of June, 2010 J U D G M E N T While working as Police Constable, based on Ext.P1 judgment rendered by Judicial First Class Magistrate-III, Palakkad, in C.C.No.56/2003, convicting and sentencing the petitioner, he was removed from the service, vide Ext.P2 order. Subsequently, in the appeal filed by him, the petitioner was acquitted as per Ext.P4 order of the Additional Sessions Court, Palakkad. Relying on Ext.P4, the petitioner has filed Ext.P6 before the first respondent seeking reinstatement in service. The delay in considering Ext.P6 is what is complained of in the writ petition. 2. While the counsel for the petitioner submits that Ext.P6 has been filed invoking the power of the Government under Rule 18 of the Kerala Civil Service (Classification, control and Appeal) Rules, the learned Government Pleader submits that the petitioner's remedy is to file a review under Rule 36(c) of K.P.D.I. Punishment & Appeal Rules, 1958. Whether it is W.P.(C) No.17052 of 2010 2 under Rule 18 or under Rule 36(c), the power is vested under Government to review the order. 3. Now that Ext.P6 is filed before the Government, I dispose of the writ petition directing that Ext.P6 be considered and orders shall be passed, duly adverting to Exts.P1 and P4. This shall be done, as expeditiously as possible, with notice to the petitioner, at any rate, within a period of 3 months of production of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC JUDGE. nj.