IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WA.No.2005 of 2008 ------------------------ AGAINST THE ORDER IN I.A.591/08 IN RP.994/2008 - IN WPC NO.21868/08 Dated 29/09/2008 .................... APPELLANT/1st RESPONDENT IN I.A./1st RESPONDENT IN R.P./PETITIONER IN W.P.C: ------------------------------------------------------------------- ASHA LAWRENCE, D/O.M.M. LAWRENCE, AGED 40 YEARS, 702, GARDEN GATES APARTMENTS, GANDHI NAGAR, COCHIN-20. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS/PETITIONER & R2 TO R4 IN I.A./PETITIONER & R2 TO R4 IN R.P./RESPONDENTS IN W.P.C.: ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, TRIVANDRUM. 2. DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 3. SUPERINTENDENT OF POLICE, SB CID, ERNAKULAM. 4. MR. IVAN RATHINAM, S/O. RATHINAM PILLAI, ARASAR KADAVIL HOUSE, VADAKKAL.P.O, ALAPPUZHA. SR. GOVT. PLEADER SRI.BENNY GERVACIS SRI.DINESH R. SHENOY SRI.MOHAMMED YOUSEFF THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.2005 of 2008 ------------------------------------------------ Dated this the 6th day of October, 2008 JUDGMENT Koshy, J By Ext.P4 order District Police Complaints Authority, Alappuzha directed departmental proceedings to be initiated against the fourth respondent/review petitioner on the basis of the allegation that he had sexual intercourse with the writ petitioner during the subsistence of the marriage with another person. It is submitted that there was a report of the Inspector General also. The writ petition was filed to expedite the disciplinary proceedings and without issuing notice, the writ petition was disposed of for an expeditious disposal of the disciplinary proceedings. Three months was allowed to complete the disciplinary proceedings. W. A. No.2005 of 2008 -2- Immediately on receipt of the judgment, steps were taken for conducting enquiry. Since the judgment in the writ petition was passed without notice, the review petitioner approached the court with a review petition. In the review petition, the learned Single Judge noticed that criminal case is also pending. While admitting the review petition and directing the disciplinary authority to consider the matter, the learned Single Judge in the order under review also observed as follows:- “In the instant case, in the disciplinary proceedings as well as in the criminal case, the charge against the review petitioner is that he had extra marital sexual relationship with the writ petitioner. Since extra marital relationship and sexual intercourse with the writ petitioner is the subject matter of both the proceedings and evidence to be adduced in respect of the said allegation can only be one and the same, I am of the considered opinion that it would not be desirable in the interests of justice to permit continuance of disciplinary proceedings while the criminal case is pending.” 2. It is contended that the learned Single Judge also expressed that disciplinary W. A. No.2005 of 2008 -3- proceedings should be stayed. There is nothing left for the disciplinary authority to decide. Review petition is not disposed of. We are of the opinion that the above quoted sentence in the impugned interim order has to be set aside as that is a matter to be decided at the time of disposal of the review petition. Review petition also has not been admitted. 3. It is the case of the appellant/ petitioner that it is she who approached for expeditious disposal of the enquiry proceedings, but relief is granted to the review petitioner. Counsel for the review petitioner submits that he also filed a writ petition which is numbered as W.P.(C) No.29216/08. It is also submitted by the review petitioner that he was staying in New Delhi and came all the way to Kerala State to attend the enquiry, giving statements etc. and stay of disciplinary proceedings will affect her. W. A. No.2005 of 2008 -4- 4. In the above circumstances, we direct the learned Single Judge to dispose of the Writ Petition as well as the Review petition as expeditiously as possible in any event within one month from today. With the above observation, this appeal is disposed of. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-