Director General vs G.Paul Raju on 12 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 486 of 2009()


1. DIRECTOR GENERAL,
                      ...  Petitioner
2. UNION OF INDIA,REP.BY THE

                        Vs



1. G.PAUL RAJU,CONSTABLE NO.001980015,
                       ...       Respondent

                For Petitioner  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :12/06/2009

 O R D E R
                      T.R. Ramachandran Nair, J.
                    - - - - - - - - - - - - - - - - - - - - - - - -
                            R.P.No.486/2009 in
                          W.P.(C) No.6692/2009
                   - - - - -- - - - - - - - - - - - - - - - - - - - -
                 Dated this the 12th day of June, 2009.

                                   O R D E R

The review petition is filed at the instance of the respondents in the

writ petition. They are aggrieved by the interim order passed by this court

dated 18.3.2009 in the writ petition. This court allowed the writ petitioner

to attend the training, pending further orders to be passed in the writ

petition.

2. It is explained in the review petition that the petitioner is involved

in Crime No.153/2004 involving offences under Section 498(A) read with

Sections 3 and 4 of Dowry Prohibition Act, 1961. It is therefore pointed out

that if ultimately the writ petitioner is convicted, then the entire thing will

be a waste. It is also pointed out that appropriate conditions should be

imposed by this court to safeguard the interest of the department.

3. Having regard to the facts of the case, as the writ petitioner being a

Constable, it cannot be said that the apprehension expressed by the review

petitioners are totally unsustainable. But ultimately if the petitioner is

acquitted, and if he is not allowed to complete the training now, he will lose

rp 486/2009 2

a number of years of seniority also. In that view of the matter, and in the

light of the readiness expressed by the learned counsel for the writ petitioner

to abide by any conditions imposed by this Court, the petitioner, if

ultimately convicted in the criminal case, will reimburse the expenses for

the training. An undertaking to that effect will also be furnished by the

petitioner before the appropriate authority.

The review petition is disposed of as above.

Issue photo copy today itself.

(T.R. Ramachandran Nair, Judge.)

kav/