IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33727 of 2009(I) -------------------------- PETITIONER(S): ------------------ M.A. NASEER, DETECTIVE INSPECTOR, CRIME BRANCH CID UNIT, PATHANAMTHITTA. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): -------------------- 1. THE INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, ERNAKULAM. 2. SRI.E. DIVAKARAN, SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, ALAPPUZHA. 3. THE DEPUTY SUPERINTENDENT OF POLICE (NARCOTIC CELL), ALAPPUZHA. 4. SRI. REJI KUMAR, UPPER DIVISION CLERK, DISTRICT POLICE OFFICE, ALAPPUZHA. GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 33727 OF 2009 (I) ===================== Dated this the 24th day of November, 2009 J U D G M E N T In my view, the writ petition is premature. 2. Petitioner is a Circle Inspector of Police. Ext.P15 is the show cause notice issued to him, to which he filed Ext.P16 reply. Thereafter the Superintendent of Police issued Ext.P22 recommending action against the petitioner on the basis of which it would appear that by Ext.P17, an oral enquiry has been ordered by the Inspector General of Police. It is these proceedings which are sought to be challenged. 3. Apart from the case of the petitioner that the proceedings are illegal, according to him, these proceedings are also vitiated for the reason that they are malafide. In my view, the petitioner should face the proceedings and thereafter if the ultimate action pursuant to the enquiry is against him, it is at that stage alone can the petitioner challenge the proceedings urging the contentions, which are urged in this writ petition. Therefore, this writ petition being a premature one, I am not inclined to entertain the same. Hence, the writ petition is WPC 33727/09 :2 : dismissed, but however, leaving open the contentions and without prejudice to the case of the petitioner before the Enquiry Officer. ANTONY DOMINIC, JUDGE Rp