High Court Kerala High Court

Shanavas.S vs State Of Kerala And Ors on 19 July, 2010

Kerala High Court
Shanavas.S vs State Of Kerala And Ors on 19 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22474 of 2010(H)



1. SHANAVAS.S
                      ...  Petitioner

                        Vs

1. STATE OF KERALA AND ORS
                       ...       Respondent

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :19/07/2010

 O R D E R
                           ANTONY DOMINIC, J.
                            ---------------------------
                       W.P.(C) No. 22474 OF 2010
                             --------------------------
                   Dated this the 19th day of July, 2010

                              J U D G M E N T

The petitioner is working as an Armed Reserve Sub Inspector

(ARSI). While working at Armed Reserve Camp at Thiruvananthapuram

City, he was issued with Ext.P1 memo of charges. The allegation was

that on 19.3.2007, when along with other police constables, the petitioner

was deputed for money escort duty from Thiruvananthapuram to Kannur,

without permission of the superiors, the petitioner permitted an under trial

and the escorting policemen to travel in the vehicle till Ernakulam. An

enquiry was held and Ext.P2 report shows that he was found guilty.

Thereupon Ext.P3 show cause notice was issued calling upon the

petitioner to show cause why he should not be punished by barring two

increments with cumulative effect. He submitted Ext.P4 explanation.

Ext.P5 is the order passed by the third respondent, disciplinary authority,

confirming the punishment proposed in Ext.P3. Thereupon, the petitioner

filed Ext.P6 appeal to the second respondent and it was rejected by

Ext.P7 order. Ext.P8 review petition filed before the first respondent was

also rejected by Ext.P9 order. These orders are under challenge in this

writ petition.

2. The learned counsel appearing for the petitioner submits that

the enquiry was held in violation of natural justice and the punishment is

illegal and arbitrary.

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3. However a perusal of Ext.P2, the enquiry report, shows that

the enquiry was conducted with opportunity to the petitioner and in

compliance with the principles of natural justice. The report also shows

that the findings of the enquiry officer is consistent with the evidence

available in the enquiry. In so far as the proportionality of the punishment

is concerned, both the appellate authority and the review authority have

rejected the contentions of the petitioner. Further, while appreciating the

contentions of the petitioner on this aspect, one has to be conscious of the

duty that the petitioner has to discharge and the gravity of the misconduct

that has been committed by him. Admittedly, the petitioner is a Sub

Inspector of Police who was on money escort duty. It was while so that the

petitioner unauthorisedly permitted an under trial to travel in the vehicle.

This is certainly a grave official misconduct, which was proved in an

enquiry and validly held against him. Having regard to the gravity of the

misconduct so proved in the enquiry, I am not persuaded to think that the

punishment of barring of two increments with cumulative effect imposed on

the petitioner is shockingly disproportionate warranting interference in a

proceedings under Article 226 of the Constitution of India.

The writ petition fails and is dismissed.

ANTONY DOMINIC
(JUDGE)
vps

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