Kerala High Court
K.K.Sunil vs State Of Kerala on 26 June, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
O.P. (KAT) No. 190/2024 :1:
2025:KER:46324
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
OP(KAT) NO. 190 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OA NO.513 OF 2015 OF KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/APPLICANT:
K.K.SUNIL, AGED 57 YEARS, S/O KARUNAKARAN ,KOCHIKKATT
HOUSE ,CPO 5577, MALAKKAPARA POLICE STATION, THRISSUR., PIN -
680 687.
BY ADV SRI.DENIZEN KOMATH
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERMENT,
HOME (H) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN -
695 001.
2 THE DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM., PIN - 695 010.
3 THE DISTRICT POLICE SUPERINTENDENT,
THRISSUR., PIN - 680 003.
BY ADV. SRI. UNNIKRISHNA KAIMAL, SR. GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD
ON 26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P. (KAT) No. 190/2024 :2:
2025:KER:46324
A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
---------------------------------------------------------
O.P.(KAT) No. 190 of 2024
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Dated this the 26th day of June, 2025
JUDGMENT
Johnson John, J.
The petitioner--Police Constable, approached the Tribunal in the
year 2015 challenging the punishment of barring one year increment
with cumulative effect imposed by the disciplinary authority and
subsequently confirmed by the appellate authority. The Tribunal
dismissed the Original Application in the year 2017 and subsequently, in
the year 2023, the petitioner filed application to restore the Original
application dismissed for default on 22.06.2017 with a petition to
condone the delay of 2046 days in filing the restoration application.
2. As per the impugned order, the Tribunal recorded a finding that
the petitioner has not succeeded in explaining the exact reason for the
delay in filing restoration petition and as to why he failed to prosecute
the Original application filed in the year 2015. The Tribunal also
examined the merits and found that the disciplinary authority imposed
the punishment after complying with the procedural requirements.
2025:KER:46324
3. The petitioner was involved in Crime No.636 of 2005 of
Mathilakam Police Station registered for the offences under Sections 323
and 324 r/w 34 IPC for inflicting bodily hurt to the de facto complainant
in the said case and disciplinary proceedings were initiated against him
for grave dereliction of duty, misconduct and indiscipline.
4. The learned counsel for the petitioner pointed out that the
petitioner was acquitted in the criminal case as per judgment dated
30.06.2007 of the Judicial First Class Magistrate Kodumgallur in C.C. No.
1531 of 2005. However, it is pertinent to note that the disciplinary action
was finalized by the disciplinary authority only after the conclusion of the
criminal case. Further, the de facto complainant, who turned hostile in
the criminal case, has deposed in the oral enquiry that he was assaulted
by the petitioner.
5. The acquittal of the accused by a criminal court is not a bar for
the departmental action against him. The appellate authority also agreed
with the view taken by the disciplinary authority and the review petition
filed by the petitioner was also dismissed in the year 2014. The Tribunal
2025:KER:46324
has considered the matter in extenso and assigned cogent reasons in
support of the findings in the impugned order. We find no jurisdictional
error or illegality in the impugned order warranting interference.
In the result, this Original Petition is dismissed.
sd/-
A.MUHAMED MUSTAQUE,
JUDGE.
sd/-
JOHNSON JOHN,
JUDGE.
Rv
2025:KER:46324
APPENDIX OF OP(KAT) 190/2024
PETITIONER'S ANNEXURES:
Annexure-A1 TRUE COPY OF THE MEMO OF CHARGES DATED 7.2.2006.
Annexure-A2 TRUE COPY OF THE ORDER DATED 29/1/2008 ISSUED BY
THE 3RD RESPONDENT.
Annexure-A3 TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED
28/11/2014.
Annexure-A4 TRUE COPY OF THE JUDGMENT DATED 30/6/2007 OF THE
HON'BLE JUDICIAL MAGISTRATE OF IST CLASS,
KODUNGALOOR IN C.C.NO. 1531/05.
Annexure-A5 TRUE COPY OF THE DEPOSITION OF THE WITNESS.
Annexure-A6 TRUE COPY OF THE ORDER DATED 1/12/2010 BY WHICH
THE PERIOD OF SUSPENSION IS REGULARIZED.
Exhibit-P1 TRUE PHOTOCOPY OF O.A.NO.513/2015 FILED BY THE
PETITIONER BEFORE THE KERALA ADMINISTRATIVE
TRIBUNAL AT THIRUVANANTHAPURAM.
Exhibit-P2 TRUE PHOTOCOPY OF THE REPLY STATEMENT FILED BY
THE 3RD RESPONDENT IN O.A.NO.513/2015..
Exhibit-P3 TRUE PHOTOCOPY OF THE M.A.NO.631/2023 IN
O.A.NO.513/2015 ON THE FILE OF KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM.
Exhibit-P4 TRUE PHOTOCOPY OF THE M.A.NO.608/2023 IN
O.A.NO.513/2015 ON THE FILE OF KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM.
Exhibit-P5 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE
3RDRESPONDENT TO THE PETITION TO CONDONE THE
DELAY AND TO RESTORE THE OA INTO FILE.
Exhibit-P6 TRUE PHOTOCOPY OF THE ORDER OF THE LEARNED
TRIBUNAL IN M.A.NO.608/2023 AND M.A.NO.631/2023 IN
OA.NO.513/2015 DATED 08.12.2023.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
P.S to Judge.
rv
