Suo Motu vs The State Of Kerala
2021 Latest Caselaw 20499 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                  THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                            &
                       THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
                 FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                                 WP(C) NO. 10309 OF 2018
PETITIONER:

               SUO MOTU, PROCEEDINGS INITIATED ON THE COMPLAINT AGAINST SRI.
               VARGHESE ALEXANDER, INSPECTOR OF POLICE, KANJIKUZHY, IDUKKI
               SUBMITTED BY SMT. RASHMI RAVINDRAN, MUNSIFF MAGISTRATE, IDUKKI.


RESPONDENTS:

      1        THE STATE OF KERALA
               REP. BY CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM

      2        THE HOME DEPARTMENT
               GOVERNMENT OF KERALA, REP. BY ADDITIONAL CHIEF SECRETARY, HOME
               DEPARTMENT, THIRUVANANTHAPURAM

      3        THE DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF, KERALA
               POLICE HEAD QUARTERS, THIRUVANANTHAPURAM

      4        THE DISTRICT POLICE CHIEF, IDUKKI

      5        SHRI. VARGHESE ALEXANDER
               INSPECTOR OF POLICE, KANJIKUZHY, IDUKKI.

               BY ADVS. GOVERNMENT PLEADER SRI.TEKCHAND FOR R1 - R4
               SRI.K.B.PRADEEP FOR R5.



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.10309 OF 2018
                                       :: 2 ::




                                   JUDGMENT

Dated this the 1st October 2021

S.MANIKUMAR, C.J.

This suo motu proceedings was initiated against the 5th respondent,

who is a Police Inspector, for his alleged misbehaviour with the Munsiff

Magistrate, Idukki, in the presence of Junior officials of the court. Pursuant

to the complaint dated 15.2.2018 of the Munsiff-Magistrate, Idukki, charge

memo was filed against the 5th respondent.

2. On enquiry conducted by the Registrar (Vigilance) as per the

directions of High Court, prima facie finding has been recorded that the 5 th

respondent/Inspector of Police, Kanjikuzhy has misbehaved in a manner

unbecoming of a police officer.

3. Record of proceedings show that the charge memo has been framed

against respondent No.5 pursuant to complaint. Going through the same, a

Division Bench of this court by the order dated 18 th September 2018 has

observed thus:

"In this suo motu proceedings we have taken note of the charge memo filed against the 5th respondent in pursuant to the complaint dated 15.2.2018 (Document No.13) of the Munsiff-

Magistrate, Idukki. We see that the charge memo (26.4.2018) issued to the Police Officer does not take into account the W.P.(C)NO.10309 OF 2018 :: 3 ::

entirety of the complaint made by the Registry. Therefore, the learned Government Pleader prays for time to revisit the charge memo so as to decide whether additional charges need be incorporated, against the Police Officer."

4. On this day, when the matter came up for further hearing, Mr.Tek

Chand, learned Senior Government Pleader submitted that on the basis of

the revised charge memo, disciplinary proceedings was initiated against the

5th respondent/Inspector of Police, Kanjikuzhy, Idukki vide order

No.A2(a)/7300/ 2018/KoR dated 23/04/2018 of Inspector General of Police,

Ernakulam Range and Assistant Police Commissioner, DCRB Cochin City was

authorised to conduct oral enquiry as per the procedure contained in Rule 6

and 8(1)(iii) of Kerala Police Departmental Inquiries, Punishment and Appeal

Rules 1958.

5. He further submitted that agreeing with the findings of the Enquiry

Officer, the disciplinary authority decided to provisionally imposed a

punishment of increment bar for one year with cumulative effect.

Inspector General of Police South Zone, Thiruvananthapuram confirmed the

provisional punishment order dated 24.12.2019 of increment bar for one

year with cumulative effect against Sri.Varghese Alexander, Inspector of

Police and disposed the Disciplinary proceedings vide order W.P.(C)NO.10309 OF 2018 :: 4 ::

No.D1/6433/2019/SZ during February, 2020.

6. Placing on record the submission of Mr.Tek Chand, learned counsel

Senior Government Pleader disciplinary proceedings have already been

concluded during February 2020, we are inclined to dispose of the writ

petition.

Writ petition is disposed of.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes W.P.(C)NO.10309 OF 2018 :: 5 ::

APPENDIX

PETITIONER'S ANNEXURE:

ANNEXURE A OFFICE NOTES SUBMITTED BEFORE THE HON'BLE THE CHIEF JUSTICE DATED 09.03.2018

ANNEXURE B OFFICE NOTES SUBMITTED BEFORE THE HONOURABLE MR. JUSTICE B. KEMAL PASHA DATED 07.03.2018

ANNEXURE C ORDERS OF THE HON'BLE THE CHIEF JUSTICE DATED 16.03.2018

ANNEXURE D ORDERS OF THE HON'BLE MR. JUSTICE B. KEMAL PASHA DATED 09.03.2018

ANNEXURE E OFFICE NOTES AND ORDERS OF THE HON'BLE THE CHIEF JUSTICE DATED 26.2.2018

ANNEXURE F OFFICE NOTES AND ORDERS OF HON'BLE MR. JUSTICE B. KEMAL PASHA DATED 20.2.2018

ANNEXURE G D.O. LETTER NO. B1(C)-16896/2018 DATED 22.02.2018 FROM REGISTRAR (SUBORDINATE JUDICIARY) TO REGISTRAR (VIGILANCE).

ANNEXURE H ENQUIRY REPORT SUBMITTED BY REGISTRAR (VIGILANCE) IN V.E. NO. 3/2018

ANNEXURE I COMPLAINT FROM SMT. RASHMI RAVINDRAN, MUNSIFF-MAGISTRATE, IDUKKI DATED 15.02.2018 FORWARDED BY DISTRICT JUDGE, THODUPUZHA.

ANNEXURE J PETITION FROM SRI. VARGHESE ALEXANDER, INSPECTOR OF POLICE, KANJIKUZHI POLICE STATION DATED 16.02.2018 FORWARDED BY INSPECTOR GENERAL OF POLICE, KOCHI RANGE.

RESPONDENT ANNEXURE

ANNEXURE R4(A) TRUE COPY OF THE MEMO OF CHARGES DATED 26.4.2018 ISSUED TO THE DELINQUENT, WITH ITS ENGLISH TRANSLATION.

ANNEXURE R4(B) TRUE COPY OF MEMO OF CHARGES DATED 8.10.2018 ISSUED TO THE 5TH RESPONDENT WITH ITS ENGLISH TRANSLATION.

//True Copy // P.S. to Judge