IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 24756 of 2008(V) -------------------------- PETITIONER: ------------ A. MUHAMMED ABDUL KHADER, H.C T - 6971, CITY DCRB, THIRUVANANTHAPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE, THIRUVANANTHAPURAM. 4. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.24756 of 2008 -------------------------- Dated this the 19th August, 2008 J U D G M E N T The petitioner is a Head Constable. By Exhibit P4 order passed on 17.2.2007, the Commissioner of Police, Thiruvananthapuram- the disciplinary authority imposed on him the punishment of barring three increments with cumulative effect. Aggrieved by Exhibit P4, petitioner filed Exhibit P5 appeal before the Inspector General of Police, Southern Range, Thiruvananthapuram. By Exhibit P6 order passed on 9.6.2008, the appeal was rejected. The petitioner has filed Exhibit-P7 review petition before the Government challenging Exhibits P4 and P6. The petitioner has in this writ petition, inter alia, prayed that a direction may be issued to the first respondent to consider and pass orders on Exhibit P7, within a time limit to be fixed by this Court. 2. I have heard Sri.T.G.Rajendran, the learned counsel appearing for the petitioner and Smt. M.R W.P ( C) No.24756 of 2008 2 Sreelatha, the learned Senior Government Pleader appearing for the respondents. Rule 36A and 36B of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules, 1958 empowers the State Government to revise/review any order passed by the subordinate authority which is made or is appealable under the said rules. As the petitioner has invoked a remedy available to him in law, the first respondent is bound to consider Exhibit P7 on the merits and pass orders thereon after notice to and affording the petitioner an opportunity of being heard. In the result, the writ petition is disposed of with a direction to the first respondent to consider Exhibit-P7 review petition in accordance with law, after notice to and affording the petitioner an opportunity of being heard. This shall be done within a period of three months from the date of receipt of a copy of this judgment. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.24756 of 2008 3 W.P ( C) No.24756 of 2008 4