High Court Kerala High Court

P.C.Cheriyan vs District Police Superintendent on 1 February, 2011

Kerala High Court
P.C.Cheriyan vs District Police Superintendent on 1 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12914 of 2007(K)


1. P.C.CHERIYAN, S/O.VARKEY CHERIAN,
                      ...  Petitioner

                        Vs



1. DISTRICT POLICE SUPERINTENDENT,
                       ...       Respondent

2. SUPERINTENDENT OF POLICE, KOTTAYAM.

3. DEPUTY INSPECTOR GENERAL OF POLICE,

4. CIRCLE INSPECTOR OF POLICE,

5. STATE OF KERALA,

                For Petitioner  :SRI.P.SANTHALINGAM (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :01/02/2011

 O R D E R
                          S. SIRI JAGAN, J.
                 -----------------------------------
                   W.P.(C) No.12914 OF 2007
               ---------------------------------------
            Dated this the 1st day of February, 2011

                               JUDGMENT

The petitioner was a Police Constable in the Police

Department of the Government of Kerala. On certain allegations

of misconduct, disciplinary proceedings were initiated against

him. An enquiry was conducted. The petitioner was found guilty

of the charges against him and was dismissed from service as a

punishment, by order dated 27.1.2007. The petitioner has filed

this writ petition contending that the petitioner was due to retire

on 31.1.2007 and therefore, Ext.P3 dismissal order issued to him

on 27.1.2007 is malafide and because of the ill-feeling towards

the petitioner by the superior officer. The petitioner, therefore,

seeks the following reliefs:

“a) call for the records connected with the case;

b) issue a writ of mandamus or other appropriate
writ, order or direction directing the respondent to
allow the pensionary benefits to the petitioner”

2. The second respondent has filed a counter affidavit

justifying the action. It is further submitted that there were 13

W.P.(C)No.12914/07 2

proceedings against the petitioner and he does not deserve

any leniency in the matter. The petitioner has filed a reply

affidavit stating that the petitioner had not been found guilty of

any charges in the other proceedings.

3. I have considered the rival contentions in detail.

The petitioner has not chosen to seek any reliefs against the

disciplinary proceedings. He has not challenged Ext.P3 order

of dismissal or the order in an appeal. All what the petitioner

seeks, is a direction to the respondent to grant pensionary

benefits to the petitioner. It is settled law that a person, who

has been dismissed from service, on being found guilty of

serious misconducts, is not entitled to retirement benefits. The

charges found against the petitioner are also very serious in

nature, which cannot be condoned in a police force.

In the above circumstances, there is no merit in this writ

petition and accordingly, the same is dismissed.

S. SIRI JAGAN, JUDGE

acd

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