IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WA.No. 2421 of 2007 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.19363/2005 DATED 01/08/2007 .................... APPELLANT/ PETITIONER: -------------------------------------- M.M.RAGHAVAN, SUB INSPECTOR OF POLICE, POLICE CONTROL ROOM, KOZHIKODE CITY, KOZHIKODE. NOW WORKING AS SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION, KOZHIKODE DISTRICT. BY ADV. SRI.K.R.B.KAIMAL (SR.), ADV. SRI.B.UNNIKRISHNA KAIMAL. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, NORTH ZONE, KOZHIKODE. 4. DEPUTY INSPECTOR GENERAL OF POLICE, KANNUR RANGE, KANNUR. BY GOVT. PLEADER SRI. BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.2421 OF 2007 ------------------------------------- Dated 18th June, 2008 JUDGMENT Koshy,J . Appellant/petitioner approached this court for quashing Exts.P5, P10, P15 and P16 orders issued by the first respondent. In all those cases, punishments were imposed on the petitioner which were confirmed in appeals and review petitions. Petitioner has also got a case that Ext.P6 show cause notice has not been finalised so far. Learned single Judge in the impugned judgment directed the authorities to finalise the proceedings within three months. With regard to the orders, the main contention was that by Ext.P2 order dated 14.9.98 the punishment was postponement of one increment for two years with cumulative effect. It was consequently confirmed in appeal and review petition. Secondly, Ext.P8 order of punishment was also confirmed in appeal and review. The third disciplinary action reached the stage of Ext.P6 show cause notice. The fourth disciplinary action ended up in punishment as per Ext.P11 order dated 12.6.02. It is the contention of the petitioner that on the basis of the decision of the Supreme Court in Kulwant Singh Gill v. State of Punjab (1991 Supplement 1 SCC 504) barring of increment with cumulative effect is a major punishment. W.A.2421/2007 2 Therefore, proceedings regarding the major punishment ought not have been issued. The above Supreme Court decision is based on the rules applicable to Punjab Police, whereas, during the relevant time, as per the special rules applicable to Kerala Police Department, it was a minor punishment. Even the Kerala Civil Services Rules were amended only after show cause notice was issued. In this case where punishments were imposed, punishment orders were passed before the special rules were amended and as per the special rules applicable at the time of taking disciplinary action, it was only minor punishment and formalities for imposing minor punishment were complied with. The order was confirmed in appeal and review and no valid grounds are stated to interfere in the same. We fully agree with the views of the learned single Judge. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks