IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7703 of 2005(P)
1. T.MARTIN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DIRECTOR GENERAL OF POLICE,
3. DEPUTY INSPECTOR GENERAL OF POLICE,
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/08/2007
O R D E R
Antony Dominic, J.
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W.P(C).No.7703 of 2005
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Dated this the 16th day of August, 2007.
JUDGMENT
Petitioner is a Head Constable, who has been extended the
A.S.I. Grade. He was the eighth accused in Crime No.293 of
1996 of Valiyathura Police Station. Following his involvement in
the criminal case, he was placed under suspension by Ext.P1
dated 10.11.1996. However the suspension was revoked and he
was reinstated in service with effect from 30.9.1997. Ext.P2 is
the memo of charges issued to the petitioner. Petitioner had filed
written statement of defence by Ext.P4.
2. During the pendency of the Writ Petition, he received
Ext.P12 informing him that in view of the pendency of the
criminal case, disciplinary action has been kept pending and it is
only on finalisation of the disciplinary proceedings he can be
considered for promotion and benefits can be fixed only
thereafter. It is also stated that during the pendency of this Writ
Petition, final charges have been laid before the Chief Judicial
WP(C) 7703/05 -: 2 :-
Magistrate Court, Thiruvananthapuram and Ext.P13 is the final
charges alleging offences under the Passport Act.
2. Prayers in this Writ Petition are for quashing the memo
of charges and the charge against the petitioner in Ext.P5 First
Information Report in Crime No.293 of 1996. Petitioner is also
seeking a direction to the respondents to grant him all service
benefits including grade promotion benefits, promotion, revised
salary and full salary with increments, D.A., etc.
3. As far as the prayer for quashing the charges against the
petitioner in First Information Report is concerned, that does not
survive any more, since by Ext.P13 final charges have already
been laid against the petitioner, arraying the petitioner as the
seventh accused. If the petitioner is aggrieved by this, it is upto
the petitioner to seek appropriate remedies.
4. Ext.P2 memo of charges, prima facie discloses
misconducts and therefore cannot be quashed in this proceeding.
It is for the petitioner to answer the charges and prove his
innocence in the disciplinary proceedings to be initiated against
him once the criminal case is over. Therefore, relief cannot be
granted in respect of prayer No. 2 in this Writ Petition.
WP(C) 7703/05 -: 3 :-
5. In so far as the third prayer of the petitioner is concerned
in view of the pendency of the criminal case, the relief cannot be
granted fully. Petitioner’s complaint is that he is getting only a
pay of Rs.4,000/- after reinstatement and he is not getting
increments or any other benefits. In the circumstances narrated
above, the petitioner cannot claim revised salary. However, he
will be entitled to full salary with increments and D.A. and the
respondents will ensure that the petitioner is paid his due salary
with increments reckoning normal D.A. and pay revision. This
the respondents shall do as expeditiously as possible, at any rate,
within a period of two months from the date of receipt of a copy
of this judgment. Petitioner is directed to produce a copy of this
judgment before the respondents for compliance.
With the above direction, this Writ Petition is disposed.
Antony Dominic,
Judge.
ess 17/8