IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 27638 of 2009(Y) -------------------------- PETITIONER(S): --------------- K.J.JOHNSON, KOCHUPARAMBIL, VEMOM, ONDAYANGADI, MANANTHAVADI, WAYANAD DISTRICT. BY ADV. SRI.M.AJAY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS ADDL.CHIEF SECRETARY AND PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE COMMANDANT, SPECIAL ARMED POLICE, THIRUVANANTHAPURAM. 4. THE STATE PUBLIC INFORMATION OFFICER, HOME DEPARTMENT, THE SECRETARIAT, THIRUVANANTHAPURAM. MR.ANTONY MUKKATH, GOVERNMENT PLEADER FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27638/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE GENERAL DIARY FOR THE DATES 16/05/2009 AND 17/05/2009 MAINTAINED IN THE VALIATHURA POLICE STATION OBTAINED UNDER THE RTI ACT. P2 : COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE ISSUED BY THE MEDICAL OFFICER OF THE ANANTHAPURI HOSPITAL AND RESEARCH INSTITUTE. P3 : COPY OF THE FIR IN CR.NO.239/09 WAS REGISTERED IN THE VALIATHURA POLICE STATION. P4 : COPY OF THE G.O.(Rt.)1455/09/HOME DATED 22/05/2009. P5 : COPY OF REPRESENTATION SENT BY THE PETITIONER TO THE HON.MINISTER FOR HOME AND VIGILANCE. P6 : COPY OF G.O.(Rt.)2089/09/HOME DATED 16/07/09. P7 : COPY OF REPRESENTATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 22/08/2009. P8 : COPY OF APPLICATION SENT BY THE PETITIONER TO R4. P9 : COPY OF THE RELAY OF R4. P10 : COPY OF APPLICATION OF THE PETITIONER UNDER RIGHT TO INFORMATION ACT. P11 : COPY OF THE CERTIFICATE ISSUED BY THE HON.CJM DATED 29/09/2009. P12 : COPY OF ATTENDANCE REGISTER OF VALIYATHURA POLICE STATION FOR THE MONTH OF MAY 2009 OBTAINED UNDER THE RTI ACT. P13 : COPY OF ORDER CO NO.201/09 TC OF THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY DATED 20/02/2009. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27638 of 2009 (Y) --------------------------------- Dated, this the 16th day of December, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P4 order dated 22/05/2009 placing the petitioner under suspension. The petitioner also seeks to quash Ext.P6 order dated 16/07/2009 directing that an oral enquiry be conducted against the persons mentioned therein including the petitioner. 2. It is submitted that during pendency of this writ petition, the petitioner has since been reinstated in service. Therefore, as at present challenge against Ext.P4 does not survive for consideration. 3. In so far as Ext.P6 is concerned, when the allegations of misconduct are disclosed, it is always open to the disciplinary authority to initiate appropriate disciplinary proceedings. This precisely is what is done by Ext.P6. The petitioner cannot therefore challenge Ext.P6. 4. However, I find merit in the contention of the petitioner that even though in Ext.P6 the enquiry was ordered to be completed WP(C) No.27638/2009 -2- within two months, there has not been any progress in the matter, and hence an order should be issued requiring the 3rd respondent to complete the proceedings within a time frame. 5. I heard the learned Government Pleader also. A reading of Ext.P6 order shows that the enquiry was ordered to be completed within two months. If no appreciable progress has been made, the 3rd respondent is bound to expedite and finalise the proceedings. In view of the above, I dispose of the writ petition directing the 3rd respondent to complete the proceedings as ordered in Ext.P6 as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg