IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27638 of 2009(Y)
1. K.J.JOHNSON,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE COMMANDANT,
4. THE STATE PUBLIC INFORMATION OFFICER,
For Petitioner :SRI.M.AJAY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/12/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.27638 of 2009 (Y)
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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
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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