IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WA.No. 1492 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.19509/2009 Dated 31/05/2011 .................... APPELLANT: -------------- SHAJI LUKOSE, CIRCLE INSPECTOR OF POLICE, POLICE CONTROL ROOM, THIRUVANANTHAPURAM CITY, RESIDING AT KALIYILAHAKATHU VEEDU PO, OZHUKUPARAKKAL AYUR, KOLLAM DISTRICT. BY ADV. MR. R.RAJASEKHARAN PILLAI MR. RAVI KRISHNA MS. SABINA JAYAN MS. MINI.V.A. RESPONDENTS : --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001 2. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN 695001 3. THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, KERALA POLICE HEADQUARTERS, THIRUVANANTHAPURAM PIN 695001 4. THE DEPUTY INPSECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE, NANDAVANAM, THIRUVANANTHAPURAM, PIN 695001 BY SENIOR GOVERNMENT PLEADER MS. K. MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag. C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ C.M.Appl. No. 870 of 2011 and W.A. No. 1492 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 12th day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. C.M.Appl. No. 870 of 2011 : This is an application to condone the delay of 25 days in filing the Writ Appeal. The learned Government Pleader takes notice for the respondents. Heard. The delay is condoned. Writ Appeal: Heard the learned counsel for the appellant. 2. The disciplinary proceedings initiated against the appellant herein ultimately culminated in the imposition of withholding an increment for one year without any cumulative effect. According to the appellant, there was no material to support the allegations levelled against him and therefore there was no justification in the imposition of such a penalty. It was also contended that there was inordinate delay in proceeding with the matter before the enquiry officer. 3. The allegation against the appellant was, that he was not in his uniform being S.I. of of Police in charge of the Police Control Room and he was found to be under the influence of alcohol at the time of inspection. W.A No. 1492 of 2011 :2: The very nature of the post held by the appellant requires absolute discipline not only in maintaining his conduct during the office hours but also with regard to the uniform. If he adhers to the strict compliance of discipline, subordinates would not only respect him but also would follow the discipline. 4. In that view of the matter, having regard to the imposition of a very minor penalty of withholding one increment for a year without cumulative effect, we are of the opinion, there is no justification to interfere with the same, as it is not shockingly disproportionate to the proved misconduct on the part of the appellant. Accordingly, we find no ground to interfere with the opinion of the learned Single Judge. Hence the Writ Appeal is dismissed. Sd/- MANJULA CHELLUR, Ag. CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A to Judge