IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 32779 of 2008(B) -------------------------------------- PETITIONER: ------------------- VIJESH.S, S/O.SUKUMARAN NAIR, GEETHA MANDIRAM, VALATHINGAL.P.O, KOLLAM - 5691 018. BY ADV. SRI.G.BHAGAVAT SINGH. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOLLAM. 4. THE COMMANDANT, KERALA ARMED POLICE III BATTALION, ADOOR, PATHANAMTHITTA. R1 & R4 BY GOVT. PLEADER SRI. P. NANDAKUMAR, R2 & R3 BY ADV. SRI. ALEXANDER THOMAS, SC, PSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32779/2008-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ADVICE MEMO DTD. 09/05/2007 NUMBERED AS QR II(2)2913/05 ISSUED BY THE R.3. EXT.P.2: COPY OF THE SHOW CAUSE NOTICE DTD. 15/11/2007 ISSUED BY THE R.1. EXT.P.3: COPY OF THE G.O. NO. 74176/SSB 3/2007/HOME DTD. 15/12/2007. EXT.P.4: COPY OF THE ORDER IN B.A. NO. 8085/2007 OF THIS HON'BLE COURT DTD. 03/01/2008. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.14282/2008 DTD. 23/05/08 OF THIS HON'BLE COURT. EXT.P.6: COPY OF THE NOTICE ISSUED BY THE ADDL. CHIEF SECRETARY TO GOVT., DTD. 04/09/2008. EXT.P.7: COPY OF THE NOTICE DTD. 10/09/2008 ISSUED BY THE ADDL. CHIEF SECRETARY. EXT.P.8: COPY OF THE ORDER IN CRL.M.A. NO. 3518/2008 IN CRL.M.C. NO. 2475/08 DTD. 02/07/2008 OF THIS HON'BLE COURT. EXT.P.9: COPY OF THE JUDGMENT IN C.C. NO. 374/2006 DTD. 15/10/07. EXT.P.10: COPY OF THE ORDER G.O. (MS).NO.175/2008/HOME DTD. 16/10/08 OF THE R.1. EXT.P.11: COPY OF THE LETTER ISSUED BY THE OFFICER OF THE INSPECTOR GENERAL OF POLICE (TRAINING) & DIRECTOR, KERALA POLICE ACADEMY THRISSUR DTD. 24/10/2008. EXT.P.12: COPY OF THE WARRANT DTD. 24/10/2008 ISSUED BY THE OFFICER COMMANDING, III COMPANY, KEPA, R.V. PURAM THRISSUR. EXT.P.13: COPY OF THE ORDER IN CRL.M.C. NO. 2475/2008 DTD. 29/10/2008 OF THIS HON'BLE COURT. EXT.P.14: COPY OF THE LETTER NO. A2-9858/2007/KAP III BATTALION, ADOOR DTD. 29/10/2008. EXT.P.15: COPY OF THE REVISION PETTION DTD. 30/10/2008 FILED BY THE PETITIONER. EXT.P.16: COPY OF THE ORDER DTD. 31/12/2008 IN C.C. NO. 345/2008 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM. EXT.P.17: COPY OF THE REVISION APPLICATION DTD. 05/01/2009 FILED BY THE PETITIONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.32779 of 2008 -------------------------- Dated this the 12th January,2009 J U D G M E N T Petitioner was selected for the post of Police Constable (KAP III Battalion) as per Advice Memo, a copy of which is produced as Exhibit-P1 in this writ petition. Petitioner’s grievance is that he was admitted for training and later he was debarred from training because of certain pendency of criminal cases against him. He had approached this Court earlier by filing WPC No.14282 of 2008 and pursuant to the direction issued therein he was admitted for training. By Exhibit-P10 order the Government found against him for the reason that his character and antecedents are not satisfactory. 2. In view of the subsequent developments in the form of Exhibits P4, P8 and P9, petitioner has filed Exhibit-P17 revision before the Government praying for a direction to depute him for training as continuance of the earlier training undergone by him. According to him, the W.P ( C) No.32779 of 2008 2 allegations against him are unfounded and there cannot be any serious objection as far as the continuance for the purpose of completion of training. 3. Since the petitioner has approached the Government by filing Exhibit-P17, there will be a direction to the 1st respondent to hear and dispose of Exhibit-P17 within a period of six weeks from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 1st respondent, for compliance. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.32779 of 2008 3 W.P ( C) No.32779 of 2008 4