IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 26979 of 2011(V) --------------------------------------- PETITIONER: ------------------- PRASANTH P.P, (DRIVER RT.PC 253), S/O.PONNAPPAN K.V, PATHINANJIL CHIRA, PALLOM P.O, KOTTAYAM, PIN- 686 007 NOW RETRENCHED FROM SERVICE. BY ADV. SRI.M.P.MADHAVANKUTTY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. 2. COMMANDANT, OFFICE OF THE COMMANDANT, IST BATTALION, KERALA ARMED POLICE, RAMAVARMAPURAM, THRISSUR, PIN- 680 631 3. ADDITIONAL DIRECTOR GENERAL OF POLICE (INTELLIGENCE), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN- 695 001. 4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695 001. R1 TO R4 BY GOVT. PLEADER SRI. R. RENJITH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.26979/2011-V: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE ORDER DT.7.2.2011 BEARING NO.A2(B)2203/09 KAP I. EXT.P2: TRUE COPY OF THE PROCEEDINGS DT.18.6.2010 BEARING NO.77832/-SSB3/2009 HOME. EXT.P3: TRUE COPY OF THE SHOW NOTICE DT.26.8.2011 NO.A2 (A)10091/11 KAP I ISSUED BY THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER. EXT.P5: TRUE COPY OF THE JUDGMENT DT.9.3.2011 IN CC.476/2007 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMANGAD. EXT.P6: TRUE COPY OF THE JUDGMENT DT.9.3.2011 IN CMP.2205/2011 IN CC 934/08 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMANGAD. EXT.P7: TRUE COPY OF THE ABOVE ORDER DT.20.9.2011 BEARING NO.A2(A) 10091/11KAP I ISSUED BY THE 3RD RESPONDENT. EXT.P8: TRUE COPY OF THE REPRESENTATION DT.28.9.2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.26979 of 2011 --------------------------------------------- Dated this the 13th day of October 2011 JUDGMENT The petitioner has filed this writ petition aggrieved by the action of the second respondent in retrenching him from Police service, as per Ext.P7 proceedings. The petitioner was selected for appointment to the post of Police Constable Driver on the basis of an advice by the second respondent. He was called for a physical test and interview in which he performed well. However, he was not appointed for the reason that two criminal cases were pending against him. The petitioner, therefore, submitted a representation to the first respondent. The first respondent considered the representation and issued a conditional order by which the petitioner was provisionally appointed in the Police Force and was permitted to undergo training for the post of Police Constable Driver. As per the conditions of his appointment, he would be regularised in service only after the criminal proceedings pending against him are WPC No.26979/2011 2 terminated, depending on the verdict of the criminal court. Though the petitioner has been acquitted in one of the criminal cases pending against him and discharged in the other, he has been retrenched from service, considering the gravity of the offences alleged against him. This was done pursuant to the interim orders passed by this Court in several writ petitions that were pending before this Court. In the said writ petitions, this Court had directed the second respondent to consider the cases where persons like the petitioner had been acquitted or discharged in the criminal proceedings that were pending against them. 2. Accordingly, the second respondent considered the case of the petitioner and found that he was not fit to continue in the Police service, considering the gravity of offences that were alleged against him. In the above view of the matter, the second respondent issued Ext.P7 proceedings retrenching the petitioner from service. 3. As per another interim order passed by this Court, persons like the petitioner who were so retrenched from service have been given the liberty to challenge their WPC No.26979/2011 3 retrenchment before the third respondent. Accordingly, the petitioner has submitted Ext.P8 challenging Ext.P7, which is pending before the third respondent. He seeks appropriate directions for an early disposal of Ext.P8. 4. I have heard the learned Government Pleader also. 5. Since Ext.P8 is pending consideration of the third respondent, it is sufficient that this writ petition is disposed of directing an early disposal thereof. 6. This writ petition is accordingly disposed of directing the third respondent to consider Ext.P8 representation submitted by the petitioner in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.S.TO JUDGE