IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 37945 of 2010(P) --------------------------------------- PETITIONER(S): ----------------------- SHAJI.P.R., S/O. RAVINDRAN, AGED 49 YEARS, GOVERNMENT ASI (HC 1389) PERUNAD POLICE STATION PATHANAMTHITTA, RESIDING AT PARAYAKAVIL HOUSE, EDAKADATHY.P.O., MUKKOOTTUTHANA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,695 001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM,695 001. 3. INSPECTOR GENERAL OF POLICE, SOUTH ZONE,THIRUVANANTHAPURAM, 695 001. 4. DEPUTY INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE, THIRUVANANTHAPURAM. 5. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PATHANAMTHITTA.P.O. PIN- 695 001. R1 TO R5 BY GOVERNMENT PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.37945 OF 2010 --------------------------------------- Dated this the 21st day of December, 2010 JUDGMENT The petitioner, while working under the second respondent as a Constable, was charge sheeted on 8.9.1995, by the Circle Inspector of Police, Erumeli Police Station for the offences punishable under Sections 452, 323, 324, 506(1) read with Section 34 of the Indian Penal Code. Ext.P1 memo of charges dated 30.05.1996 was also issued to the petitioner initiating disciplinary proceedings in respect of his involvement in the incidents leading to the criminal case. After an enquiry, the petitioner was found not guilty. In the meanwhile, the Judicial First Class Magistrate's Court II, Kanjirapally convicted the petitioner for the offences alleged against him. Taking into account the facts and circumstances of the case, after complying with the procedure prescribed, the disciplinary authority differed with the findings of the enquiry officer and imposed on the petitioner the punishment of dismissal from service by Ext.P4 order dated 13.12.2000. while so, by Ext.P5 judgment dated W.P.(C)No.37945/10 2 20.12.2002, the Additional Sessions Court acquitted the petitioner of the charges levelled against him. Thereafter, the petitioner, on 1.10.2006 filed Ext.P6 appeal before the appellate authority, against Ext.P4 order of punishment, which was dismissed by Ext.P8 order as time barred. The petitioner is challenging the same. Taking into account the facts and circumstances of the case, I am not inclined to entertain this writ petition in exercise of my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioner. Ext.P4 punishment order is dated 13.12.2000. Ext.P5 judgment is dated 20.12.2002. Even thereafter, the petitioner filed Ext.P6 appeal only on 1.10.2006 4 years after. The petitioner has not given any satisfactory explanation for the long delay of at least four years. The petitioner is guilty of unexplained delay and laches also. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.37945/10 3 W.P.(C)No.37945/10 4