High Court Kerala High Court

Santhosh.C. vs Union Of India on 24 May, 2010

Kerala High Court
Santhosh.C. vs Union Of India on 24 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13059 of 2010(F)


1. SANTHOSH.C., S/O. KRISHNAN,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY ITS
                       ...       Respondent

2. RAMAN SREE VASTAVA (D.G.)

3. COMMANDANT, 106 BSF, BATTALION,

                For Petitioner  :SMT.SAJITHA.S.DHARAN

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :24/05/2010

 O R D E R
                        ANTONY DOMINIC, J
                       -------------------
                        W.P.(C).13059/2010
                      --------------------
               Dated this the 24th day of May, 2010

                             JUDGMENT

By Ext.P1 dated 23.4.2004, petitioner, a BSF constable was

dismissed in pursuance to Ext.P2 memo of charges. Subsequently

he sought reinstatement in service by filing Ext.P5 representation

dated 25.1.2010 on the ground that he was subsequently

acquitted from the criminal cases. The acquittal was subsequent

to his dismissal from service. Claim was that the petitioner

suppressed the pendency of criminal case. Petitioner has no case

that he had disclosed details regarding the pendency of the case

to the authorities. If so, misconduct is established and the

subsequent acquittal, even if true, is inconsequential.

2. In my view, the claim made by the petitioner is highly

belated and at this distance of time, challenge against Ext.P1 dated

23.4.2004 cannot be entertained.

The writ petition fails and is dismissed.

ANTONY DOMINIC,
Judge
mrcs