High Court Kerala High Court

K.M.Sulaiman Kunju vs State Of Kerala on 28 February, 2007

Kerala High Court
K.M.Sulaiman Kunju vs State Of Kerala on 28 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 16947 of 1999(P)



1. K.M.SULAIMAN KUNJU
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.M.P.MOHAMMED ASLAM

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/02/2007

 O R D E R
                           ANTONY DOMINIC, J.

                          `````````````````````````

                         O.P NO.16947 OF 1999

                         ```````````````````````````


            Dated this the 28th day of February, 2007


                               J U D G M E N T

The prayer in this writ petition is to quash Exhibits P4, P6

and P8. In conclusion of a minor penalty proceedings, against

the petitioner by Ext.P6, the minor punishment of barring of

increment for 6 months without any cumulative effect was

imposed on the petitioner. The allegation which has been proved

against the petitioner is that, there has been lapses on his part in

reporting to the authorities about the seizure of Ganga from the

premises of the Central Jail, Viyyoor of which he was the

Superintendent at the relevant time. Ext.P6 order disclose that

the evidence that was available before the disciplinary authority

has been referred to and the reasons which led to the conclusion

of guilt is also satisfactorily given. Aggrieved by Ext.P6, the

petitioner is seen to have filed an appeal as Ext.P7 which also

met with dismissal by Ext.P8 order.

2. Exts.P6 and P8 discloses that there has been lapses on

OP No.16947/1999

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the part of the petitioner, seriousness of which cannot be

doubted. Such being the case, the misconduct having been made

out, the petitioner deserved to be proceeded against. The

punishment imposed is too minor and does not warrant to be

interfered with.

O.P is dismissed.

ANTONY DOMINIC, JUDGE

Rp