Kerala High Court
D R Gopakumar,S/O. Damodharan Nair vs State Of Kerala on 5 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) No.442/2024 1/4 Order Date : 05-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
Tuesday, the 5th day of November 2024 / 14th Karthika, 1946
OP(KAT) NO. 442 OF 2024
OA 2078/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER(S)/APPLICANT:
D R GOPAKUMAR,S/O. DAMODHARAN NAIR, AGED 49 YEARS, GRADE ASSISTANT
SUB INSPECTOR OF POLICE (GL.NO.1779), PONMUDI POLICE STATION,
NEDUMANGAD POLICE SUB DIVISION, THIRUVANANTHAPURAM CURRENTLY
RESIDING AT :'RADHAMANGALAM', PADAVALLIKONAM, KARIPOOR P O,
NEDUMANGAD, THIRUVANANTHAPURAM-695541, PIN-695551
RESPONDENT(S)/RESPODENT:
1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY HOME
& VIGILANCE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
2. DISTRICT POLICE CHIEF, MALAPPURAM OFFICE OF THE DISTRICT POLICE
CHIEF, MALAPPURAM, MALAPPURAM, PIN-676509
3. DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL OFFICE OF THE
DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL, P.M.G JN.,
THIRUVANANTHAPURAM, PIN-695033
4. INSPECTOR GENERAL OF POLICE/DEPUTY INSPECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM RANGE, OFFICE OF THE INSPECTOR GENERAL OF POLICE/
DEPUTY INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE,
THIRUVANANTHAPURAM, PIN-695033
5. INSPECTOR GENERAL OF POLICE/ DEPUTY INSPECTOR GENERAL OF POLICE,
THRISSUR RANGE, OFFICE OF THE INSPECTOR GENERAL OF POLICE/DEPUTY
INSPECTOR GENERAL OF POLICE,THRISSUR RANGE,THRISSUR, PIN - 680001
OP Kerala Administrative Tribunal praying inter alia that in the
circumstances stated in the affidavit filed along with the OP(KAT) the
High Court be pleased to 1. Set aside Exhibit P2 order of the Kerala
Administrative Tribunal, Thiruvananthapuram. 2. Call for the records
leading to Annexure A8, Annexure A9, Annexure A11 & Annexure A13 in
Exhibit P1 and quash the same. 3. Declare that Non-Compliance of the
dictum laid down by the apex court in state of Kerala represented by the
secretary, home department vs. s. vijayakumar, s/o. r. shanmugan (2021 4
klt 35) is illegal in the issuance of Exhibit P2 by the Kerala
Administrative Tribunal. 4. And to pass such other appropriate orders or
directions which this Hon'ble court deems fit and proper in the facts and
circumstances of the case so as to secure the ends of justice. 5. Dispense
with filing translation of vernacular documents.
OP(KAT) No.442/2024 2/4 Order Date : 05-11-2024
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP(KAT) and upon hearing the arguments
of M/S. JINSON OUSEPH, CHITRA VIJAYAN & S.VIJAYAN, Advocates for the
petitioner, the court passed the following:
OP(KAT) No.442/2024 3/4 Order Date : 05-11-2024
A. MUHAMED MUSTAQUE & P. KRISHNA KUMAR , JJ.
------------------------------------------------------------
O.P. (KAT) No. 442 of 2024
---------------------------------------------------------
Dated this the 05th day of November, 2024
ORDER
A.Muhamed Mustaque, J.
Admit.
The learned Government Pleader takes notice for the
respondents.
Post in the month of January 2025.
Sd/-
A. MUHAMED MUSTAQUE,
JUDGE
Sd/-
P. KRISHNA KUMAR,
JUDGE
PR
OP(KAT) No.442/2024 4/4 Order Date : 05-11-2024
APPENDIX OF OP(KAT) 442/2024
Annexure A1 TRUE COPY OF THE DGO NO: 461/2011 DATED 06/05/2011
ISSUED BY THE 2ND RESPONDENT.
Annexure A2 TRUE COPY OF THE FIR IN CRIME NO. 1754/2011 U/S 341,
323, 294(B), 506(1) IPC WAS REGISTERED AT NEDUMANGAD
POLICE STATION
Annexure A3 TRUE COPY OF THE ORDER NO. H1-PR/09/2012/MM DATED
24/03/2012 (DO NO. 255/2012/MM) ISSUED BY THE 2ND
RESPONDENT
Annexure A4 : TRUE COPY OF THE MEMO OF CHARGE DATED NIL ISSUED BY
THE ORAL ENQUIRY OFFICER.
Annexure A5 TRUE COPY OF THE ORAL ENQUIRY REPORT DATED NIL
SUBMITTED BY THE ORAL ENQUIRY OFFICER.
Annexure A6 TRUE COPY OF THE JUDGMENT DATED 26/02/2014 IN CC NO.
160 OF 2012 OF THE HON'BLE JFMC II, NEDUMANGAD.
Annexure A7 TRUE COPY OF THE DO NO. 533/14 MM DATED 04/08/2014
ISSUED BY THE 2ND RESPONDENT
Annexure A8 TRUE COPY OF THE SHOW CAUSE NOTICE NO: H1/PR/09/2012/MM
DATED 10/2016 WHICH IS SEEN SIGNED BY THE 2ND
RESPONDENT
Annexure A9 TRUE COPY OF THE ORDER NO: H1/PR/09/2012/MM DATED
31/12/2016 (DO NO: 956/2016 MM) OF THE 2ND RESPONDENT
IMPOSING A PUNISHMENT OF 2 YEAR IB WITH CUMULATIVE
EFFECT
Annexure A10 TRUE COPY OF THE APPEAL DATED 23/06/2017 SUBMITTED BY
THE APPLICANT BEFORE THE 4TH RESPONDENT.
Annexure A11 TRUE COPY OF THE ORDER NO: A2/APL 29/2018/TSR DATED
08/03/2019 (TSRO 159/2019/TSR) ISSUED BY THE 5TH
RESPONDENT REJECTING ANNEXURE A10 APPEAL
Annexure A12 TRUE COPY OF THE REVIEW PETITION DATED 06/12/2019
SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT
Annexure A13 TRUE COPY OF THE G.O.(RT). NO.1711/2021/HOME DATED
21/06/2021 ISSUED BY THE 1ST RESPONDENT.
Annexure A14 RETYPED COPY OF ANNEXURE A5 (ORAL ENQUIRY REPORT DATED
NIL SUBMITTED BY THE ORAL ENQUIRY OFFICER) DOCUMENT
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION 2078 OF 2021
ALONG WITH ANNEXURES A1 TO A14 FILED BY THE PETITIONER
BEFORE THE KAT, THIRUVANANTHAPURAM
Exhibit P2 CERTIFIED COPY OF THE ORDER DATED 09/08/2024 IN OA
2078/2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL
Exhibit P3 TRUE COPY OF THE FACING SHEET OF THE SERVICE BOOK
PERTAINING TO THE PETITIONER AND PAGE NO. 18 WHEREIN
THE LEAVE SANCTIONING ORDER ARE SEEN RECORDED.
