Kerala High Court
State Of Kerala vs State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
OP(KAT).No.51 OF 2021
AGAINST THE ORDER IN CP(C) 211/19 IN OA 2493/2018 DATED 19-01-
2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1,3 & 4 IN O.A:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM - 695001,
2 THE CONVENER
(ADDITIONAL CHIEF SECRETARY),
HOME DEPARTMENT,
DEPARTMENT PROMOTION COMMITTEE,
SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
3 THE STATE POLICE CHIEF
MEMBER (DEPARTMENT PROMOTION COMMITTEE),
POLICE HEAD QUARTERS,
VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695010.
BY B.VINOD, GOVERNMENT PLEADER
RESPONDENT/APPLICANT AND 2ND RESPONDENT IN O.A:
1 P.B.PRASOB
S/O.P.A. BALAN, DEPUTY SUPERINTENDENT OF POLICE,
CB, PALAKKAD, PIN - 678001, RESIDING AT PALLATH
HOUSE, VELUPADAM, VARANTHARAPILLY, THRISSUR,
PIN - 680303.
O.P (KAT) No.51/2021
2
2 THE CHAIRMAN
DEPARTMENT OF PROMOTION COMMITTEE (HIGHER),
(SECRETARY, KERALA PUBLIC SERVICE COMMISSION),
PATTOM, THIRUVANANTHAPURAM - 695004.
BY ADVS.
SRI.P.C.SASIDHARAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P (KAT) No.51/2021
3
ALEXANDER THOMAS & T.R.RAVI, JJ.
------------------------------------
O.P (KAT) No. 51 of 2021
(Arising out of the order dated 19-01-2021 in CP(C) No.211 of 2019
in O.A No.2493 of 2018 of KAT, Tvm Bench.)
------------------------------------
Dated this the 15th day of February, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayer in the afore captioned Original Petition filed under
Article 226 & 227 of Constitution of India is as follows [See page
No.11 of the paper book of this O.P]:
"............to set aside Ext.P12 order dated 19-01-2021 in CP(C)
No.211/2019 in O.A No.2493/2018 on the file of the Honourable
Kerala Administrative Tribunal, Thiruvananthapuram Bench by
allowing this original petition."
2. Heard Sri.B.Vinod, learned Senior Government Pleader
appearing for the petitioners in this O.P/respondents 1, 3 & 4 in the
O.A and Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala
Public Service Commission appearing for the 2nd respondent in this
O.P/R2 in the O.A. In the nature of the orders proposed to be passed
by this Court in this petition notice to R1 in this O.P/original
applicant before the Tribunal will stand dispensed with.
3. Today when the matter has been taken up for consideration,
Sri.B.Vinod, learned Senior Government Pleader appearing for the
petitioners (State of Kerala & others) would submit on the basis of
O.P (KAT) No.51/2021
instructions that, now the competent authority of the State
Government in the Home Department has passed G.O (Rt)
No.467/2021/Home dated 12-02-2021, which has ordered to
withdraw Anx.P4 G.O(Rt) No.3392/2019/Home dated 25-11-2019 as
ordered in the impugned Ext.P12 order dated 19-01-2021 rendered by
the Kerala Administrative Tribunal, Thiruvananthapuram Bench in
C.P(C) No.211/2019 arising out of O.A No.2493/2018 and that
therefore the prayer in this present petition is not pressed by the
petitioners.
4. The abovesaid submissions made by the petitioners are
recorded.
5. The Registry will forward a copy of this judgment to R1
herein for necessary information.
With these observations and directions the above Original
Petition will stand dismissed as not pressed.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
KAS
O.P (KAT) No.51/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE OA NO.2493/2018
ALONG WITH ANNEXURES.
ANNEXURE A1 TRUE COPY OF THE MINUTES OF THE
DEPARTMENTAL PROMOTION COMMITTEE FOR
THE SELECTION OF DYSP'S FIT FOR
PROMOTION AS SP(NON IPS),HELD ON
17.01.2018 RECEIVED UNDER THE RIGHT TO
INFORMATION ACT WITH FILE NO. HOME-
A2/379/2017-HOME.
ANNEXURE A2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE APPLICANT TO THE 1ST
RESPONDENT DATED 17.05.2018.
ANNEXURE A3 TRUE COPY OF THE GO(RT)
NO.3730/2016/HOME DATED 27.12.2016 OF
THE 1ST RESPONDENT DROPPING THE
PROCEEDINGS INITIATED VIDE G.O(RT)
NO.2656/2012/HOME DATED 07.09.2012.
ANNEXURE A4 TRUE COPY OF G.O(RT) NO.743/2014/HOME
DATED 04.03.2014 OF THE 1ST RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE COVERING LETTER WITH
NO.G5/112902/13 DATED 19.08.2015
REGARDING THE FORWARDING OF MEMO OF
CHARGES ALONG WITH THE COPY OF THE MEMO
OF CHARGES.
ANNEXURE A6 TRUE COPY OF GO(RT) NO.2626/2016/HOME
DATED 25.08.2016 OF THE 1ST RESPONDENT.
ANNEXURE A7 TRUE COPY OF THE MEMO OF CHARGES WHICH
WAS RECEIVED BY THE APPLICANT ON
16.12.2017.
ANNEXURE A8 TRUE COPY OF THE ORDER DATED 08.01.2009
IN CRP NO. 4202/2007 OF THE HON'BLE
HIGH COURT OF KERALA.
ANNEXURE A9 TRUE COPY OF G.O(RT), NO.373/2016/HOME
DATED 04.02.2016 OF THE 1ST RESPONDENT.
O.P (KAT) No.51/2021
ANNEXURE A10 TRUE COPY OF THE MEMO OF CHARGES WHICH
WAS RECEIVED BY THE APPLICANT DATED
12.01.2018.
ANNEXURE A11 TRUE COPY OF ORDER NO. G6/125806/16
DATED 03.09.2016 OF THE 4TH RESPONDENT.
ANNEXURE A12 TRUE COPY OF THE MEMO OF CHARGES WHICH
WAS RECEIVED BY THE APPLICANT DATED
08.12.2017.
ANNEXURE A13 TRUE COPY OF THE EXPLANATION DATED
18.11.2015 SUBMITTED BY THE APPLICANT
TO THE 4TH RESPONDENT.
ANNEXURE A14 TRUE COPY OF THE EXPLANATION DATED
19.02.2016 SUBMITTED BY THE APPLICANT
TO THE 4TH RESPONDENT.
ANNEXURE A15 TRUE COPY OF CIRCULAR NO.20/2017 DATED
17.08.2017 OF THE STATE POLICE CHIEF,
4TH RESPONDENT.
ANNEXURE A16 TRUE COPY OF THE MINUTES OF THE
DEPARTMENTAL PROMOTION COMMITTEE FOR
THE SELECTION OF DYSP'S FIT FOR
PROMOTION AS SP (NON IPS) HELD ON
17.01.2017.
ANNEXURE A17 TRUE COPY OF THE REPRESENTATION DATED
06.07.2017 SUBMITTED BY THE APPLICANTS
TO THE 1ST RESPONDENT.
ANNEXURE A18 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE APPLICANT TO THE 3RD
RESPONDENT DATED 07.12.2018.
EXHIBIT P2 A PHOTOCOPY OF THE ADOPTION MEMO ALONG
WITH REPLY STATEMENT IN OA 1098/18.
EXHIBIT P3 A PHOTOCOPY OF THE MISCELLANEOUS
APPLICATION.
ANNEXURE A19 TRUE COPY OF THE GO(RT) NO.
477/2017/HOME DATED 27.02.2017 OF THE
1ST RESPONDENT.
O.P (KAT) No.51/2021
ANNEXURE A20 THE TRUE COPY OF THE UNDATED MEMO OF
CHARGES ALLEGING DERELICTION OF DUTY
SERVED TO THE APPLICANT.
EXHIBIT P4 A PHOTOCOPY OF THE ORDER DATED
24.05.2019.
EXHIBIT P5 A PHOTOCOPY OF THE CONTEMPT PETITION
ALONG WITH ANNEXURES.
ANNEXURE P1 CERTIFIED COPY OF THE COMMON ORDER IN
OA NO.2493/2018 DATED 24.05.2019 OF
THIS TRIBUNAL.
ANNEXURE P2 TRUE COPY OF THE COVERING LETTER FROM
THE DISTRICT POLICE CHIEF, KASARAGOD
DATED 04.10.2019 TO THE RESPONDENT
ALONG WITH THE REPRESENTATION DATED
01.10.2019 SUBMITTED BY THE APPLICANT.
EXHIBIT P6 A PHOTOCOPY OF THE AFFIDAVIT DATED
03.01.2020.
EXHIBIT P7 A PHOTOCOPY OF THE MISCELLANEOUS
APPLICATION ALONG WITH ANNEXURE P3.
ANNEXURE P3 TRUE COPY OF THE MINUTES OF THE DPC FOR
THE PREPARATION OF SELECT LIST OF
DEPUTY SUPERINTENDENT OF POLICE FIT FOR
PROMOTION AS SUPERINTENDENT OF POLICE
(NON-IPS) HELD ON 26.02.2020.
EXHIBIT P8 A PHOTO COPY OF THE MA NO.841/2020.
EXHIBIT P9 A PHOTOCOPY OF THE AFFIDAVIT DATED
03.07.2020.
ANNEXURE CP(A) TRUE COPY OF MINUTES OF THE
DEPARTMENTAL PROMOTION COMMITTEE
(HIGHER) HELD ON 26.02.2020.
EXHIBIT P10 A PHOTOCOPY OF THE MEMO ALONG WITH G.O,
DATED 25.11.2019.
EXHIBIT P11 A PHOTOCOPY OF THE MA NO.1672/2020
ANNEXURE P4 TRUE COPY OF GO(RT) NO.3392/2019/HOME
DATED 25.11.2019 OF GOVERNMENT OF
KERALA.
O.P (KAT) No.51/2021
ANNEXURE P5 TRUE COPY OF SELECT LIST DEPUTY
SUPERINTENDENT OF POLICE (GE) FIT FOR
PROMOTION AS SUPERINTENDENT OF POLICE
(NON-IPS) FOR THE YEAR 2021(FOR THE
VACANCIES IN 2021) PUBLISHED VIDE
NO.A2-114100/2020/PHQ(1) DATED
14.10.2020 OF POLICE DEPARTMENT.
EXHIBIT P12 A PHOTOCOPY OF THE ORDER DATED
19.01.2021 IN CP(C) 211/19 IN OA
2493/18.
RESPONDENT'S/S EXHIBITS: NIL
