IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 19957 of 2009(L) ------------------------------------- PETITIONER(S): -------------------------- K.SASIDHARAN, (HEAD CONSTABLE Q 5610 - RETIRED), RESIDING AT S.S.BHAVAN, PADAVANCODE, VILAPPILSALA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS.MR.GOPAKUMAR R.THALIYAL MR.N.P.PRAJEESH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY TO GOVT., HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, RAILWAYS, THIRUVANANTHAPURAM. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, CID AND RAILWAYS, THIRUVANANTHAPURAM. 4. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.19957 of 2009-L ------------------------------ Dated this the 24th day of July, 2009. J U D G M E N T The petitioner is a pensioner. He retired from service on 30.11.2007, on attaining the age of superannuation, while he was working as Head Constable in East Police Station, Kollam. Prior to his retirement, while the petitioner was working as Police Constable, disciplinary action was initiated against him which culminated in Ext.P1 order dated 18.7.1989, whereby the punishment of barring of increments for three years with cumulative effect was imposed on him by the Superintendent of Police, Railways, Thiruvananthapuram. The petitioner filed an appeal before the Deputy Inspector General of Police. The said appeal was rejected by Ext.P4 order dated 26.7.1991. Aggrieved thereby the petitioner filed a revision petition before the Director General of Police. By Ext.P7 order passed on 28.11.2008 the Director General of Police allowed the revision petition partly. The punishment awarded was modified as barring of increments for three years without cumulative effect. Aggrieved by Exts.P1, P4 and P7 orders the petitioner has filed Ext.P8 review petition before the Government invoking the power of the Government under Rule 36 of the Kerala Police Department Enquiries, Punishment and Appeals Rules, 1958. In this writ W.P(C) No.19957 of 2009-L 2 petition, the petitioner seeks a writ in the nature of mandamus commanding the Government of Kerala to consider Ext.P8 review petition and pass orders thereon within a time limit to be fixed by this Court. The learned Government Pleader appearing for the respondents submits on instructions that the original of Ext.P8 has been received and that it is pending with the Government. She also submits that disciplinary action was initiated against the petitioner way back in the year 1988. The pleadings disclose that the petitioner retired from service on 30.11.2007. Nearly two years have passed thereafter. In such circumstances, I am of the opinion that the Government should consider Ext.P8 review petition and pass orders thereon expeditiously. I accordingly dispose of this writ petition with a direction to the Additional Chief secretary to Government, Home Department to consider Ext.P8 review petition and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of this judgment before the Additional Chief Secretary. The Government shall after orders are passed as directed above, communicate a copy thereof to the petitioner. It is clarified that in the event of the punishment awarded being modified or set aside, the Government shall direct the competent authority among the respondents W.P(C) No.19957 of 2009-L 3 to disburse to the petitioner, the consequential monetary benefits without driving him to another round of litigation. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab