IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WA.No. 206 of 2010 -------------------- AGAINST THE JUDGEMENT IN WPC.1226/2010 Dated 29/01/2010 .................... APPELLANT: PETITIONER ------------------------ M.K. REMESAN, HC NO: A 3162, ASI (GRADE), ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA DISTRICT. BY ADV. SRI.M.K.PRADEEPKUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLCE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, SOUTH ZONE, THIRUVANANTHAPURAM. 4. THE INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, ERNAKULAM. 5. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 6. THE DEPUTY SUPERINTENDENT OF POLICE (ADMN), ALAPPUZHA DISTRICT. 7. THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, ALAPPUZHA. WA 206/2010 8. KERALA POLICE ASSOCIATION, REPRESENTED BY ITS SECRETARY, STATE COMMITTEE, ERNAKULAM. 9. MOHANDAS, H.C.NO. NOT KNOWN, ASSISTANT SUB INSPECTOR (GRADE), DCRB, ALAPPUZHA. 10. BIJU KUMAR, SUB INSPECTOR OF POLICE, KOTHIYATHODE POLICE STATION, RECENTLY PROMOTED AND TRANSFERRED TO AS CIRCLE INSPECTOR OF POLCE, VIGILANCE AND ANTI CORRUPTION CELL, ALAPPUZHA. 11. DHARMAJAN, H.C.NO. NOT KNOWN, ASSISTANT SUB INSPECTOR (GRADE), KOTHIYATHODE POLICE STATION, ALAPPUZHA. BY GOVT. PLEADER SMT.R.BINDU FOR R1 TO R7 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.206/2010 ------------------------------ Dated this, the 5th day of February, 2010 JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. He is a Head Constable under the Kerala Police. Allegations were raised against him and others that he, apart from the Sub Inspector of Police and Assistant Sub Inspector of Police, committed dereliction of duty by delaying the registration of Crime No.240/2008 of Kuthiyathode Police Station. A preliminary enquiry was held into the allegation. Based on that, the disciplinary authority was satisfied that grounds exist for holding a formal enquiry. In view of that finding, Ext.P6 order has been passed by the Inspector General of Police on 3.12.2009. To proceed against the officer under Rule 6 of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules,1958, the Deputy Superintendent of Police, Narcotic Cell, Alappuzha has been authorised to conduct the enquiry. Challenging WA No.206/2010 - 2 - Ext.P6, the Writ Petition was filed. The learned Single Judge dismissed the Writ Petition. Hence this appeal. 2. This Court can interfere with Ext.P6, if only it is shown to be without jurisdiction. We find that the I.G of Police is competent to order an enquiry into the conduct of the appellant. If the allegations mentioned in Ext.P6 are found to be correct, he is liable to be proceeded against also. Therefore, we find no reason to interfere with Ext.P6 at this stage. So, we affirm the judgment of the learned Single Judge. In the result, the Writ Appeal is dismissed. But, it is clarified that if there are any procedural irregularities etc., in issuing Ext.P6, the appellant can raise them, if the final order in the disciplinary proceedings goes against him. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.