IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 30653 of 2011(F) -------------------------------------- PETITIONER : ------------------- SUSEELA N.N., WOMAN SUB INSPECTOR OF POLICE, COCHIN INTERNATIONAL AIRPORT LIMITED (CIAL), NEDUMBASSERY, ERNAKULAM DISTRICT, RESIDING AT KALLANIKKAL HOUSE, THADIYAMBADU, IDUKKI DISTRICT. BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENTS : ------------------------ 1. THE DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF), POLICE HEAD QUARTERS, TRIVANDRUM - 695 001. 2. THE PORT REGISTRATION OFFICER/ IMMIGRATION OFFICER, COCHIN INTERNATIONAL AIRPORT LIMITED (CIAL), NEDUMBASSERY, ERNAKULAM DISTRICT - 683 585. 3. THE DISTRICT SUPERINTENDENT OF POLICE, (DISTRICT POLICE CHIEF), IDUKKI, IDUKKI DISTRICT - 685 602. 4. JAYASREE K.R, WOMAN SUB INSPECTOR OF POLICE, COCHIN INTERNAIONAL AIRPORT LIMITED (CIAL), NEDUMBASSERY, ERNAKULAM DISTRICT, PIN - 683 585 R1 TO R3 BY GOVERNMENT PLEADER SRI. E.M. ABDUL KHADER R4 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 30653 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE ORDER ISSUED BY 1ST RESPONDENT AS D.G.O.NO.570/2011 DATED, 01/06/2011. EXT P2 : COPY OF THE MESSAGE SENT BY THE FIRST RESPONDENT DATED, 04/06/2011 AS NO.E2/9157/2010. EXT P3 : COPY OF THE MESSAGE SENT BY THE FIRST RESPONDENT TO THE 3RD RESPONDENT DATED, 21/06/2011. EXT P4 : COPY OF THE ORDER ISSUED BY 1ST RESPONDENT AS D.G.O.NO.1641/2011 DATED, 10/11/2011. EXT P5 : COPY OF THE ORDER AS EXECUTIVE DIRECTIVE NO.7/2011 ISSUED BY THE 1ST RESPONDENT DATED, 26/10/2010 EXT P6 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL DIRECTOR GENERAL OF POLICE, ADMINISTRATIVE DEPARTMENT, DATED 03/09/2011. RESPONDENTS' EXHIBITS: EXT R4(A): COPY OF THE ORDER NO.A3-6836/11/PRO/CHN-AP DATED 16/11/2011 OF THE SUPERINTENDENT OF POLICE (PRO), IMMIGRATION WING, CIA, NEDUMBASSERY. EXT R4(B): COPY OF THE LETTER NO.A1-106/11-ID DATED 18/11/2011 OF THE DISTRICT POLICE CHIEF, IDUKKI, ADDRESSED TO THE SUPERINTENDENT OF POLICE (PRO), NEDUMBASSERY. EXT R4(C): COPY OF THE REPRESENTATION DATED 29/10/2011 SUBMITTED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT. EXT R4(D): COPY OF THE DGO NO.1298/2008 DATED 30/12/2008 OF THE DIRECTOR GENERAL OF POLICE. /TRUE COPY/ P.A. TO JUDGE DSV/- K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.30653 of 2011 --------------------------------------------- Dated this the 15th day of December 2011 JUDGMENT The petitioner, who is working as a Woman Sub Inspector of Police in the Cochin International Airport, Nedumbassery, has filed this writ petition complaining that though she had been granted a transfer to her home station as per Ext.P1, the said order has been kept in abeyance by Ext.P2. Thereafter, though as per Ext.P4 order, the fourth respondent has been granted a posting to Idukki, her name does not figure in the said transfer order. Consequently, though she has been granted a transfer to Idukki as per Ext.P1, she is still continuing at the Cochin International Airport, Nedumbassery. 2. In paragraph-1 of the writ petition, the petitioner has stated as follows: “The petitioner was promoted as a woman Sub Inspector of Police on 10.7.2008 and from 8.11.2008, she has been working as Woman Sub Inspector of Police in the Airport, from 8.11.2008.” WPC No.30653 of 2011 2 3. Therefore, according to the petitioner, she had been working as a Woman Sub Inspector of Police in the Airport from 8.11.2008. However, as per the counter affidavit of the fourth respondent, the above statement of the petitioner is false and contrary to fact. The fourth respondent has also produced Ext.R4(d), an order dated 30.12.2008 issued by the Director General of Police, posting the petitioner to Idukki on working arrangement basis. Ext.R4(d) shows that she had been posted to Idukki on working arrangement basis for a period of one year. In view of the fact that she had been posted to Idukki on working arrangement basis from 30.12.2008, her statement that she had been working at the Cochin International Airport from 8.11.2008 cannot be true. Since the petitioner has filed this writ petition suppressing a very material fact and misrepresenting facts, I am not satisfied that the petitioner is entitled to any of the reliefs claimed in this writ petition. 4. Article 226 of the Constitution is a discretionary jurisdiction. This Court would be loath to exercise its discretion in favour of a person who has not come to this WPC No.30653 of 2011 3 Court with clean hands. The petitioner, a responsible Police Officer, holding the post of Sub Inspector of Police, should have exercised more circumspection in the matter of stating the facts. I also notice that the averments in the writ petition are supported by an affidavit of the petitioner to the effect that the statements made therein are all true to the best of her knowledge, information and belief. Having taken the benefit of Ext.R4(d) order and worked at Idukki on working arrangement basis, as finally admitted by her in her reply affidavit, she cannot be heard to say that she has not sworn to an affidavit containing false statement. To say the least, the above conduct is totally unbecoming of a person holding a responsible position of the Sub Inspector of Police. I refrain from saying anything more. 5. This writ petition is in the above circumstances dismissed with costs. Sd/- K.SURENDRA MOHAN, JUDGE true copy css/ P.S.TO JUDGE