IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Con.Case(C).No. 78 of 2009(S) ----------------------------- PETITIONER(S): --------------- 1. V. ACHUTHAN, S/O. NARAYANAN, AGED 47 YEARS, SUB INSPECTOR OF POLICE, PATHANAMTHITTA, RESIDING AT MAVOLLIL THEKKETHU, PORUVAZHI, NEDUVILEMURI, CHATHAKULAM.P.O, KOLLAM. 2. A.S. SURESH KUMAR, S/O.APPU, AGED 45 YEARS, SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM CITY RESIDING AT LATHA VILASOM, T.V. JUNCTION, NEYYATINKARA.P.O, THIRUVANANTHAPURAM. 3. M. PRAKASH, S/O. MADHAVAN, AGED 47 YEARS, SUB INSPECTOR OF POLICE, PARAVOOR, KOLLAM, RESIDING AT HOUSE NO. 105, AISWARYA NAGAR, MEVARA, THALLAKONAM, SREEKARYAM, THIRUVANANTHAPURAM. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. SHRI REMAN SREEVASTAVA, PRESENTLY WORKING AS THE SPECIAL SECRETARY OF INTERNAL SECURITY, DEPARTMENT OF HOME AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI. 2. SHRI JACHOB PUNNOOS, NOW WORKING AS THE DIRECTOR GENERAL OF POLICE FOR THE STATE OF KERALA, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.MANOJ KUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- C.O.C.78/2009 -------------------- Dated this the 13th day of February, 2009 JUDGMENT I have perused the affidavit filed by the Director General of Police and I am satisfied with the facts stated therein. Paragraph 2 to 4 of the affidavit are recorded. 2. Learned counsel for the petitioner Mr.Venugopalan Nair refers to Annexure-A2 and submits that some of the directions issued therein are not in strict conformity with the judgment dated 4.4.2008. Learned Government Pleader refutes the same. It is to be noted that the directions issued in the judgment as regards the identification of the vacancies, which has to be earmarked for the promotees, are meant to be strictly enforced. Learned Government Pleader submits that if there has been any error in perceiving the directions, that will rectified and the directions issued in the judgment will be scrupulously followed. C.O.C.78/2009 2 3. Learned counsel for the petitioner refers to Annexure-A3 dated 18.12.2008 and submits that the details given therein, elicited under the Right to Information Act, substantially supports the case of the petitioners. He further submits that these details may be accepted and kept in mind when proceedings are finalized, pursuant to the directions issued by this Court. If the details given in Annexure-A3 are those supplied by the competent authority under the Right to Information Act, then, obviously the details regarding the number of vacancies given therein will have to be treated as reflecting the correct position, by all persons concerned, including by the Director General of Police in the course of passing a final order, as is proposed to be done. 4. I do not think it is necessary to further proceed under the Contempt of Courts Act. C.O.C is accordingly, closed without prejudice to the right of the petitioners C.O.C.78/2009 3 to seek a re-opening of the same or approach this Court again under the Contempt of Courts Act, if there is non- compliance of the directions issued by this Court on finalization of the list, as proposed in the affidavit filed by the respondent. V.GIRI, Judge mrcs