Kerala High Court
Shaiju R vs State Of Kerala, Represented By Its ... on 17 October, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2024:KER:77084
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OP(KAT) No.334 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA,
1946
OP(KAT) NO. 334 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 06.02.2024 IN RA
NO.7 OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM ARISING OUT OF THE ORDER/JUDGMENT
DATED 25.01.2022 IN OA NO.1324 OF 2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER:
SHAIJU R, AGED 47 YEARS
S/O. RAVIKUMAR, CIVIL POLICE OFFICER-6325
(TERMINATED), ARMED RESERVE, KOLLAM, RESIDING
AT ANANDA BHAVAN, DARSANA NAGAR-88,
PATTATHANAM P.O, KOLLAM., PIN - 691021
BY ADVS.
C.UNNIKRISHNAN (KOLLAM)
NIDHI BALACHANDRAN
D.JAYAKRISHNAN
UTHARA A.S
VIJAYKRISHNAN S. MENON
GOUTHAM KRISHNA U.B.
VIVEK NAIR P.
PRAVEEN P.
SRUTHI SINDHU
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OP(KAT) No.334 of 2024
M.R.RADHAKRISHNAN
ARAVIND PRAKASH
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL
CHIEF SECRETARY
HOME & VIGILANCE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,
PIN - 695001
3 THE DISTRICT POLICE CHIEF & CITY POLICE
COMMISSIONER, KOLLAM CITY, KOLLAM, KERALA,
PIN - 691008
OTHER PRESENT:
SMT.NISHA BOSE,SENIIOR GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 17.10.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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OP(KAT) No.334 of 2024
JUDGMENT
Dated this the 17th day of October, 2024
A.Muhamed Mustaque, J.
The Original Petition appears to be unnecessary and
self creation of the petitioner. The petitioner has been
removed from service. This has been set aside by Ext.P1
order. However, there was some observation on the legality
of the disciplinary proceedings. The Tribunal has observed
that there was an irregularity and not an illegality. But in
conclusion, the order of removal of the petitioner from
service was set aside and directed the Government to
consider the matter afresh. The Government considered the
matter afresh, affirming the earlier order. That is challenged
before the Tribunal.
2. During the course of proceedings before the
Tribunal, the petitioner apparently felt that the earlier
observation of the Tribunal need to be reviewed and hence,
filed a review petition. The review petition was filed along
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with an application for condonation of delay. That application
was also dismissed. Fearing that the earlier order of the
Tribunal observing the violation of Rule 10 of the Kerala
Police Departmental Inquiries Punishment and Appeal Rules,
1958 is the rule to operate as a res judicata against him, he
filed this Original Petition, challenging the earlier order of the
Tribunal as well as the order in the review.
3. It is to be noted, the observation by any
Tribunal/Court in regard to the interpretation of Rule, could
not constitute a res judicata. It is only an observation. The
order impugned before the Tribunal was set aside directing
the Government to consider the matter afresh. So it is
always open for the petitioner to canvas legal position
regarding Rule 10, in the context in which it is required to be
interpreted.
4. We are of the view that earlier observation in
regard to the interpretation of Rule 10 will not
stand in the way of canvassing the correct
interpretation of the rule in the pending
proceedings.
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With the above observation, this original Petition is
disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
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APPENDIX OF OP(KAT) 334/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER NO. H2/37607/Q
DATED 15/11/2011 ISSUED BY THE CITY
POLICE COMMISSIONER, KOLLAM.
Annexure A2 TRUE COPY OF THE JUDGMENT DATED
22/12/2011 IN CC NO. 2043/2007 OF THE
HON'BLE JFMC II, KOLLAM.
Annexure A3 TRUE COPY OF THE APPEAL/REVIEW DATED
17/12/2012 PREFERRED BY THE APPLICANT
BEFORE THE GOVERNMENT.
Annexure A4 TRUE COPY OF THE REPRESENTATION DATED
09/09/2015 BEFORE THE ADDITIONAL
CHIEF SECRETARY (HOME AND VIGILANCE)
SUBMITTED BY THE APPLICANT PRAYING
FOR HIS RE-INSTATEMENT.
Annexure A5 TRUE COPY OF THE G.O (RT.)
444/2017/HOME DATED 22/02/2017 ALONG
WITH ITS TYPED COPY.
Annexure A6 TRUE COPY OF THE ORDER DATED
25.05.2018 INOA 917/2017 OF THIS
HONORABLE TRIBUNAL.
Annexure A7 TRUE COPY OF THE JUDGMENT DATED
10.06.2019 INOP (KAT) 310/2018 OF THE
HON'BLE HIGH COURT.
Annexure A8 TRUE COPY OF THE G.O (RT.) NO
2343/2020/HOME DATED 14/10/2020 ALONG
WITH ITS TYPED COPY.
Annexure A9 TRUE COPY OF CHARGE MEMO DATED
25.07.2006 ISSUED TO THE APPLICANT.
Annexure A10 TRUE COPY OF THE ENQUIRY REPORT DATED
26.06.2007 SUBMITTED BY THE ASSISTANT
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COMMANDANT(ADJUNCT), KAP, 3RD
BATTALION ALONG WITH ITS TYPED COPY.
Exhibit P1 A TRUE COPY OF THE ORDER DATED
25/01/22 IN OA NO 1324/21 OF THE
HON'BLE KERALA ADMINISTRATIVE
TRIBUNAL.
Exhibit P2 A TRUE COPY OF THE G.O (RT) NO
1197/2022/HOME DATED 27/4/22 ISSUED
BY THE 1ST RESPONDENT ALONG WITH ITS
TYPED COPY.
Exhibit P3 TRUE COPY OF THE OA NO 1324/21 DATED
14TH JULY 2021.
Exhibit P4 TRUE COPY OF THE RA NO 7/24 WITH MA
NO 240/24 IN OA 1324/21 DATED 1ST
FEBRUARY 2024.
