IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD JULY 2007 / 12TH ASHADHA 1929 OP.No.2665 of 1999(P) ---------------------- PETITIONER: ------------ M.P.GOVINDAN NAIR, ASSISTANT SUB INSPECTOR OF POLICE, KUNNATHUNAD POLICE STATION, PATTIMATTOM P.O., PIN 683 562. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.V.VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, SOUTH ZONE, THIRUVANANTHAPURAM. 4. DEPUTY INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, ERNAKULAM. 5. SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUA. BY GOVT. PLEADER SMT.T.B.RAMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.4504 OF 1999 IN OP NO.2665 OF 1999 P //DISMISSED// 03.07.2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETIITONER'S EXHIBITS : EXT.P1: TRUE COPY OF THE MEMO OF CHARGES NO.2/PR/93/CIG DATED 10.6.93 ISSUED TO THE PETITIONER BY THE CIRCLE INSPECTOR OF POLICE, ANGAMALY. EXT.P2: TRUE COPY OF THE EXPLANATION TO EXT.P1 MEMO SUBMITTED BY THE PETITIONER DATED 2.8.1993. EXT.P3: TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE SUBMITTED BY THE PETITIONER DATED 2.3.1994. EXT.P4: TRUE COPY OF THE ORDER NO.H1/19A/PR/93 ER (DO NO.433/94/ER) DATED 16.12.1994 OF THE 5TH RESPONDENT. EXT.P4(a): TRUE COPY OF THE PUNISHMENT ROLL MINUTES APPENDED TO EXT.P4. EXT.P5: TRUE COPY OF THE ORDER NO.A2/43/APPEAL/95/CR DATED 31.10.95 OF THE 5TH RESPONDENT. EXT.P6: TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE ORDER NO.A2-14607/96 CZ DATED 22.11.1996 OF THE 3RD RESPONDENT. EXT.P8: TRUE COPY OF THE G.O.(RT) NO.3423/98/HOME DATED 31.7.1998. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.2665 OF 1999 ------------------------------------------- Dated this the 3rd day of July, 2007 JUDGMENT The petitioner and others were charge sheeted on allegation that an accused person escaped from the station lockup owing to the carelessness and negligence on their part. Petitioner was then in General Diary charge. The incident led to a joint disciplinary proceedings against different police personnel which led ultimately to judgment dated 9.1.2007 in O.P.No.2678/99, whereby, it has been found that the incident occurred while PCE 6436, Sri.Kareem, was on sentry duty. Having regard to the findings in the said judgment, there is really no reason to proceed against the petitioner and sustain the impugned orders. In the result, the writ petition is allowed quashing Exts.P4, P5, P7 and P8. Respondents will consider the question as to grant of service benefits as if Exts.P4. P5, P7 and P8 did not govern them. Sd/- THOTTATHIL B.RADHAKRISHNAN Judge kkb. ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.2665 OF 1999 JUDGMENT 3RD JULY, 2007. =======================