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 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WA.No. 616 of 2006() -------------------- (AGAINST JUDGMENT IN WPC.23778/03) APPELLANT(S): APPELLANT PETITIONER ---------------------------------- A SHAHUL HAMEED, ASSISTANT SUB INSPECTOR OF POLICE, (RETIRED), RESIDING AT SHAH HOUSE, PANDARAKADU, ALATHUR P.O, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.K.R.SREEKANTH SRI.JIBU P.THOMAS SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): RESPONDENTS/RESPONDENTS -------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME (H) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA. 4. THE CIRCLE INSPECTOR OF POLICE, CHELAKKARA, THRISSUR. GOVERNMENT PLEADER SMT.R.BINDU FOR R1-4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ```````````````````````````````````````````````````````` W.A. No. 616 of 2006 ``````````````````````````````````````````````````````` Dated this the 19th day of February, 2010 J U D G M E N T Balakrishnan Nair, J. The appellant is the writ petitioner. The writ petition was filed by him challenging Ext.P4 order. Ext.P4 is an order by the government dismissing a review petition filed by him challenging the punishment of barring one increment with cumulative effect imposed on him. The said punishment order passed by the disciplinary authority was affirmed by the appellate authority. The review petition was filed challenging the appellate order. Though the appellant canvased that he was not given a fair opportunity to defend himself, the said contention was repelled by the learned Single Judge. It was also noticed that essentially the attack of the appellant is against a finding of fact made by the competent authorities and, therefore, the same could not be entertained under Article 226 of the Constitution of India. The learned Single Judge also noticed that the appellant has chosen to challenge only the order in review of the government and not the WA.616/2006 : 2 : orders of the competent authorities. Taking into account all these facts, the writ petition was dismissed. The aggrieved appellant has preferred this appeal. 2. The allegation against the appellant was that while he was working as Head Constable in 1995 at Pazhayannur Police Station a few gamblers were caught by two police constables and brought to him. Along with the culprits Rs.707/- was also entrusted to him by the said police constables. But, he did not record the receipt of the said amount in the general diary. He also committed the misconduct of non registration of a crime based on the above incident. Based on those allegations, a memo of charges was served on him. The appellant having denied the allegations, an enquiry officer was appointed, who found him guilty and submitted Ext.P1 report. Ext.P3 order was passed by the disciplinary authority imposing the aforesaid punishment of barring one increment with cumulative effect. The appellant preferred an appeal. But, the appeal was dismissed by the appellate authority by order dated 01-01-2003. Challenging that order, a review petition was filed before the government. The same was WA.616/2006 : 3 : dismissed by the government by Ext.P4 order. Going by the materials on record, we find that the findings in the enquiry report were based on the evidence on record and they were rightly accepted by the disciplinary authority. No procedural impropriety has been brought to our notice in the disciplinary proceedings. In view of the above position, this Court cannot interfere with the impugned order under Article 226 of the Constitution of India. So, we find no ground to interfere with the judgment under appeal. Accordingly, the writ appeal is dismissed. Sd/- (K.BALAKRISHNAN NAIR, JUDGE) Sd/- (P.N.RAVINDRAN, JUDGE) aks // True Copy // P.A. To Judge