IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 OP.No. 19723 of 1999(W) ----------------------- PETITIONER: ------------ K.K.RADHAKRISHNAN, AGED 45 YEARS, (P.C.E.4403), S/O. LATE K.R.KOCHUPILLAI, MANNALI HOUSE, CHERAI.P.O., NOW RESIDING AT POLICE HOUSING COMPLEX, 5/52, MATTANCHERRY, KOCHI-2. BY ADV. SRI.A.X.VARGHESE SRI.T.P.RAJASEKHARAN RESPONDENTS: ------------- 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. 2. DEPUTY INSPECTOR GENERAL, ERNAKULA REGION, ERNAKULAM. 3. CITY POLICE COMMISSIONER, KOCHI CITY. 4. SUB INSPECTOR OF POLICE, FORT KOCHI POLICE STATION, KOCHI-1. BY SMT.N.SUDHA DEVI, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 19723/1999 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE ORDER NO.A2-49/APPEAL/89 CR, DATED 02/07/1989 ISSUED BY THE 2ND RESPONDENT. P2 : COPY OF THE ORDER, VIDE NO.G.O.(Rt) 1160/91/HOME, DATED 22/02/91 ISSUED BY THE 1ST RESPONDENT. P3 : COPY OF THE REPRESENTATION DATED 08/04/99, SUBMITTED BY the PETITIONER BEFORE THE 1ST RESPONDENT. P4 : COPY OF THE ACKNOWLEDGEMENT CARD RECEIVED BY THE PETITIONER. P5 : COPY OF THE COMMUNICATION DATED 20/05/1999 ISSUED BY THE 1ST RESPONDENT. // TRUE COPY // PA TO JUDGE. jg T.R.RAMACHANDRAN NAIR, J. ---------------------- O.P. No. 19723 of 1999 ------------------------------------ Dated, this the 12th day of March, 2008 J U D G M E N T Aggrieved by Exts.P1, P2 & P5 orders, which concern the punishment imposed on the petitioner after a due enquiry under the relevant Rules, the petitioner has filed this original petition. 2. The petitioner, while working as Head Constable in the Fort Kochi Police Station, was issued with a memo of charges alleging certain misconduct on his part. The misconduct alleged is that he was involved in gambling (named as ‘Pannimalath’) along with 14 other persons in a building at Fort Kochi beyond Kunnumpuram-Njaliparamb Road. In the disciplinary enquiry, he was found guilty. As per order dated 07/06/1989, the disciplinary authority imposed the punishment of reduction of the petitioner’s place in the seniority list below 100 persons immediately junior to him and also limited the salary and all other allowances to the subsistence allowances paid during the period of suspension from 21/07/1985 to 29/02/1988. 3. In the appeal filed by the petitioner, the punishment was modified by the appellate authority, as is evident from Ext.P1. After O.P.NO. 19723/1999 -2- taking a liberal view, the punishment was modified to barring of annual increment for a period of two years with cumulative effect. The petitioner again challenged the same before the Government and by Ext.P2 order, the same was rejected. A reading of Ext.P2 order shows that the entire matter was considered on merits. Thereafter, the petitioner again approached the Government by a fresh representation, marked as Ext.P3 here, which was rejected as per Ext.P5 produced along with C.M.P.No.46690/2000. 4. Learned counsel for the petitioner raised various arguments while challenging the above proceedings. It is pointed out that he was acquitted in a criminal case and therefore on that ground itself the punishment should have been set aside by the appellate authority. It is also pointed out that he was under suspension for a continuously long period and the punishment had resulted in acute hardship to him. 5. The fact that he was acquitted in a criminal case will not absolve him from facing the disciplinary proceedings. The nature and scope of the two are totally different. Therefore, these contentions raised cannot be accepted. Further the acquittal was only on technicalities and not on the merits. As regards the conduct O.P.NO. 19723/1999 -3- of the disciplinary enquiry, the petitioner has not pointed out any violation of principles of natural justice, which has the effect of vitiating the enquiry itself. Therefore, the enquiry and the consequent proceedings have to be held as valid. 6. Further question is whether the punishment imposed is disproportionate to the charges or not. In fact, the appellate authority has modified the punishment after taking a liberal view. The charges raised against the petitioner is that he was engaged in gambling along with another 14 persons and has violated the relevant Rules and has indulged in serious dereliction of duty. It cannot be a matter of dispute that the charges have been proved. Being a member of the police force, the petitioner was expected to behave himself as a model officer before the public at large and by indulging in gambling he has violated the rules of conduct. In that view of the matter, it cannot be said that the punishment imposed and later modified by the appellate authority is totally disproportionate to the charges. In Ext.P2, the Government also considered the contentions in detail and found that there are no grounds to interfere with the punishment. It was also found that the acquittal was only on technical grounds and it is not a case O.P.NO. 19723/1999 -4- where on the merits the petitioner was found not guilty. Therefore, there was no impediment for proceeding with the disciplinary enquiry. 7. Learned counsel for the petitioner then submitted that while passing Ext.P5 the Government has not considered any of the contentions in detail. The petitioner had availed the remedy of appeal before the appellate authority and thereafter had moved the Government also, which resulted in Ext.P2 order. The petition Ext.P3 is not under any specific provisions of the Rules. The Government has already exercised the powers under Rule 36A of the Kerala Police Departmental Enquiries, Punishments and Appeal Rules 1958. Even going by Rule 36C, there can be only one review. For all these reasons, it cannot be said that the Government went wrong in passing an order like Ext.P5. Hence, I see no ground to interfere with the orders impugned. The original petition is, therefore, dismissed. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE.) jg