IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 12914 of 2007(K) ---------------------------------- PETITIONER: --------------- P.C.CHERIYAN, S/O.VARKEY CHERIAN, PUTHUPARAMPIL, PALIACKARA, THIRUVALLA. HEAD CONSTABLE (HCK) 3447, KARUKACHAL POLICE STATION. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SMT.K.USHA RESPONDENT(S): ------------------- 1. DISTRICT POLICE SUPERINTENDENT, KOTTAYAM. 2. SUPERINTENDENT OF POLICE, KOTTAYAM. 3. DEPUTY INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, ERNAKULAM. 4. CIRCLE INSPECTOR OF POLICE, CHANGANACHERY. 5. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. ADV.MRS. SUDHA DEVI – GOVT.PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12914 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF ORDER NO.H1/78/PR/06 K TD 12/01/2007 ISSUED BY THE KOTTAYAM, DISTRICT POLICE SUPERINTENDENT. EXT.P2: COPY OF REPLY DTD 24/1/07 NO.H1/78/pr/06 K SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT POLICE SUPERINTENDENT, KOTTAYAM. EXT.P3: COPY OF THE DISMISSAL ORDER NO.H1/78/06.K.DTD. 27/01/07 ISSUED BY THE DISTRICT POLICE OFFICE, KOTTAYAM. EXT.P4: COPY OF APPEAL NO.H1/78/PR/06K.K D.O.66/07 DTD 27.1.07 SUBMITTED BY THE PETITIONER BEFORE THE DY. INSPECTOR GENERAL, ERNAKULAM RANGE POLICE STATION. EXT.P5: COPY OF ORDER NO.A2(b)14/APPEAL/07 E.R. DTD /03/07 ISSUED BY DY.INSPECTOR GENERAL, ERNAKULAM RANGE POLICE STATION. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.12914 OF 2007 --------------------------------------- Dated this the 1st day of February, 2011 JUDGMENT The petitioner was a Police Constable in the Police Department of the Government of Kerala. On certain allegations of misconduct, disciplinary proceedings were initiated against him. An enquiry was conducted. The petitioner was found guilty of the charges against him and was dismissed from service as a punishment, by order dated 27.1.2007. The petitioner has filed this writ petition contending that the petitioner was due to retire on 31.1.2007 and therefore, Ext.P3 dismissal order issued to him on 27.1.2007 is malafide and because of the ill-feeling towards the petitioner by the superior officer. The petitioner, therefore, seeks the following reliefs: “a) call for the records connected with the case; b) issue a writ of mandamus or other appropriate writ, order or direction directing the respondent to allow the pensionary benefits to the petitioner” 2. The second respondent has filed a counter affidavit justifying the action. It is further submitted that there were 13 W.P.(C)No.12914/07 2 proceedings against the petitioner and he does not deserve any leniency in the matter. The petitioner has filed a reply affidavit stating that the petitioner had not been found guilty of any charges in the other proceedings. 3. I have considered the rival contentions in detail. The petitioner has not chosen to seek any reliefs against the disciplinary proceedings. He has not challenged Ext.P3 order of dismissal or the order in an appeal. All what the petitioner seeks, is a direction to the respondent to grant pensionary benefits to the petitioner. It is settled law that a person, who has been dismissed from service, on being found guilty of serious misconducts, is not entitled to retirement benefits. The charges found against the petitioner are also very serious in nature, which cannot be condoned in a police force. In the above circumstances, there is no merit in this writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.12914/07 3 W.P.(C)No.12914/07 4