IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 4901 of 2011(K) ------------------------------------- PETITIONER(S): ----------------------- R.KUNJIKRISHNAN NAIR, KRISHNA BHAVANAM, P.O.CHOOLATHERUVU, MUTHUKULAM, ALAPPUZHA. BY ADV. SRI.BINU PAUL RESPONDENT(S): -------------------------- 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE NEW DELHI-110 001. 2. DIRECTOR GENERAL, BSF, BLOCK NO-10 CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003. R1 & R2 BY ADV.SRI.T.P.M. IBRAHIMKHAN, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S.SIRI JAGAN, J. ---------------------------------------------------- W.P.(Civil) No.4901 of 2011 ---------------------------------------------------- Dated this the 17th day of February, 2011 Judgment The petitioner was a Lans Naik in the Border Security Force. While he was working at Tripura, he was accused in a criminal case and the trial court convicted him and sentenced him to undergo imprisonment for life. Pursuant to that conviction and imprisonment, by Ext.P1 order dated 27.9.1986 the petitioner was dismissed from service. The petitioner is challenging Ext.P1 order on the ground that the said order has been passed in violation of the procedure prescribed under law. I am not inclined to entertain this writ petition for two grounds. First is that the petitioner is challenging Ext.P1 order of dismissal from service after 25 years. Of course, the petitioner explains that he was undergoing imprisonment and he was released only in May, 2008. Even then, almost three years have elapsed since then and there is no explanation forthcoming for the delay of more than 2 ½ years also. Apart from that, admittedly, the petitioner has been convicted and sentenced to undergo imprisonment for life which sentence he has already undergone. He has been dismissed from WPC 4901/2011 2 service on that ground. That being so, even if there are some procedure irregularities, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, the writ petition is dismissed. S.SIRI JAGAN, JUDGE. srd WPC 4901/2011 3