IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36851 of 2008(K) -------------------------- PETITIONER(S): --------------- A.GOPAKUMAR, HEAD WARDER, DISTRICT JAIL, KOLLAM, RESIDING AT GOPURAM' T.C.41/1852, MANACAUD P.O.,THIRUVANANTHAPURAM-9 BY ADV. SMT.SREEDEVI KYLASANATH SRI.V.SADASIVAN SRI.JESSEL VINOHAR RODRICKS SMT.V.J.SAFEENA SRI.S.SANJITH SMT.SHALEENA RAJAN RESPONDENT(S): ------------------ 1. THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (PRISONS) PRISONS HEADQUARTERS POOJAPPURA ,THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE (PRISONS POOJAPPURA ,THIRUVANANTHAPURAM. 4. THE DEPUTY INSPECTOR GENERAL OF PRISONS POOJAPPURA ,THIRUVANANTHAPURAM. 5. THE SUPERINTENDENT,CENTRAL PRISON POOJAPPURA ,THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.36851 of 2008 ====================================== Dated this the 15th day of December 2008 JUDGMENT Heard Smt.Sreedevi Kylasanath, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Head Warder in the District Jail at Kollam. While the petitioner was working as Warder in the Central Prison at Thiruvananthapuram, he along with seven others was placed under suspension by Ext.P1 order dated 17.7.1990. The disciplinary action initiated against them was finalised by Ext.P6 order passed on 4.2.1991. By the said order, the Deputy Inspector General of Prisons imposed on the petitioner the punishment of barring of three increments with cumulative effect. The petitioner challenged Ext.P6 in appeal before the Inspector General of Prisons. By Ext.P8 order passed on 29.8.1997 the said appeal was dismissed. Two of the Warders, who were also punished along with the petitioner by Ext.P6 order dated 4.2.1991, had likewise moved the Inspector General in appeal. When their appeals were rejected, they filed O.P.No.21021 of 1997 in this Court. By Ext.P10 judgment delivered on 25.9.2006, this Court quashed the orders passed by the appellate authority W.P.(C)No.36851 of 2008 2 and directed reconsideration of the appeals. The petitioner submits that pursuant to the directions issued by this Court in Ext.P10 judgment, the Director General of Police (Prisons) passed Ext.P11 order dated 15.3.2007 exonerating them of the charges. Relying on Ext.P11, the petitioner moved the Director General of Police (Prisons) by submitting Ext.P12 and thereafter moved the Secretary to Government, Department of Home Affairs in Ext.P14 representation dated 17.11.2008. In the said representations, he pointed out that as he and the beneficiaries of Ext.P11 were proceeded against for the same set of charges, in view of the finding in Ext.P11, he is also entitled to be exonerated of the charges. In this Writ Petition the petitioner inter alia prays for a direction to the Secretary to Government, Department of Home Affairs to consider Ext.P14 representation and pass orders thereon after affording him an opportunity of being heard. 3. Ext.P11 discloses that the disciplinary action which lead to Ext.P6 that was upheld by the appellate authority in Ext.P8, was not held in accordance with the procedure prescribed in the Kerala Police Departmental Inquiries, Punishment and Appeal Rules 1958. As a matter of fact Ext.P11 discloses that the preliminary enquiry was conducted by the appellate authority and punishment imposed by the Deputy Inspector General of Prisons W.P.(C)No.36851 of 2008 3 who is a lower authority. The Director General of Prisons has also held that no Enquiry Officer was appointed, the employees were not given permission to cross examine witnesses, that they were not given an opportunity to deny their guilt and establish their innocence and that principles of natural justice were not followed in the enquiry. A reading of Ext.P11 indicates that the Director General of Prisons has found gross irregularity in the proceedings which lead to imposition of punishment on the petitioner and other officers who were found guilty and punished as per Ext.P6 order. In these circumstances, I am of the considered opinion that though the petitioner did not challenge Ext.P8 in time, the request made by him in Ext.P14 deserves to be examined by the Government invoking the power under Rule 36A of the Kerala Police Departmental Enquiries, Punishment and Appeal Rules. I accordingly dispose of this Writ Petition with a direction to the Secretary to Government, Department of Home Affairs to consider Ext.P14 representation and pass orders thereon having regard to the observations and findings in Ext.P11 order passed by the Director General of Police (Prisons) and pass orders thereon, after affording the petitioner an opportunity of being heard. It will be open to the petitioner to supplement Ext.P14 by filing a further representation. Final orders in the matter shall be W.P.(C)No.36851 of 2008 4 passed within four months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE css/