Kerala High Court
Zhacharia George I.P.S vs State Of Kerala on 18 January, 2021
Author: Alexander Thomas
Bench: Alexander Thomas, T.R.Ravi
O.P.(CAT) No.234 of 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
OP (CAT).No.234 OF 2018
AGAINST THE ORDER DT.19.12.2018 IN OA 883/2018 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
ZHACHARIA GEORGE I.P.S.,
AGED 57 YEARS
I.P.S., S/O. LATE K.G. GEORGE,
DEEPAK BHAVAN, KOLLADU P.O.,
KOTTAYAM 686 004
BY ADVS.
SRI.P.CHANDRASEKHAR
SRI.C.V.MANUVILSAN
SMT.K.VIDYA
SRI.VINODE V. LUKA
SMT.SREELEKSHMI SANALKUMAR
SHRI.SHANIL P.C.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY ,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE PRINCIPAL SECRETARY,
GENERAL ADMINISTRATION (SPECIAL C)DEPARTMENT,
GOVERNMENT OF KERALA,
SECRETARIAT,
THIRUVANANTHAPURAM 695 001
3 THE ADDITIONAL CHIEFSECRETARY,
HOME DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT,
THIRUVANANTHAPURAM 695 001
O.P.(CAT) No.234 of 2018 2
4 THE DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF,
KERALA THIRUVANANTHAPURAM 695 001
5 THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT,
GOVERNMENT OF KERALA,
SECRETARIAT,
THIRUVANANTHAPURAM 695 001
6 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, JAI SINGH ROAD,
NEW DELHI 110 001
7 SABU MATHEW K.M.,
SUPERINTENDENT OF POLICE CRIME BRANCH
CBCID, THRIPUNITHURA, ERNAKULAM KOCHI 682 301
R1 TO R5 BY SRI.B.VINOD, SR.GOVT.PLEADER
R6 BY SRI.P.VIJAYAKUMAR, ASGI,
R7 BY SRI.ARUN MATHEW VADAKKAN
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 18.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(CAT) No.234 of 2018 3
ALEXANDER THOMAS & T.R. RAVI, JJ.
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O.P.(CAT) No.234 of 2018
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Dated this the 18th day of January, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayer in the aforecaptioned Original Petition (CAT) filed under Articles 226 and 227 of the Constitution of India, is as follows;
"i. Call for the records leading to the issuance of Exhibit P4 and to quash or set aside the same.
ii. Pass such any other direction or order as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience."
2. Heard Sri P.Chandrashekar, learned counsel appearing for the petitioner in the O.P./original applicant before the Tribunal, Sri B.Vinod, learned Senior Government Pleader appearing for respondents 1 to 5, Sri P.Vijayakumar, learned Assistant Solicitor General of India appearing for the 6th respondent/Union of India and Sri Arun Mathew Vadakkan, learned counsel appearing for the 7th respondent.
3. We have heard the parties. To a specific query to Sri P.Chandrashekar, learned counsel for the petitioner in the OP/original applicant as to whether the petitioner has significant length of service to serve the Department prior to his retirement, we are now apprised by the learned counsel for the petitioner that the petitioner is to retire on completion of the superannuation age by the end of this month, viz, on O.P.(CAT) No.234 of 2018 4 31.01.2021.
4. Having regard to this crucial fact, we feel that there is no necessity to render a judgment on merits in this case. However, we are now apprised by Sri P.Chandrashekar, learned counsel for the petitioner that the State authorities concerned have issued a memo dated 22.09.2020 directing the petitioner to show cause as to why action should not be taken against him for having litigated the present case before the Central Administrative Tribunal, etc.
5. After hearing both sides, we would only hold that as a matter of fact, the said memo is issued mainly on the ground of the petitioner having litigated before the Central Administrative Tribunal in this matter, then further action in that regard may be dropped, having regard to the crucial fact that this Court is not adjudicating the case on merits on account of the petitioner's retirement from service on 31.01.2021. All issues raised in this original petition are left open, as we are not deciding the matter on merits.
With these observations and directions, the above Original Petition (CAT) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
T.R. RAVI, JUDGE dsn O.P.(CAT) No.234 of 2018 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE O.A. NO. 883/2018 ON THE FILE OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL (CAT), ERNAKULAM BENCH WITH ALL ANNEXURES ANNEXURE A1 IN EXT.P1: TRUE PHOTOCOPY OF ORDER No.S1/229156/2016/PHO DT.24.10.2018 ISSUED BY THE 4TH RESPONDENNT ANNEXURE A2 IN EXT.P1: TRUE COPY OF POSTING ORDER GO(RT)No.6752/2018/GAD DT.15.10.2018 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A3 IN EXT.P1: TRUE COPY OF REPORT OF TRANSFER OF CHARGE IN KFC FORM 7 DT.17.10.2018.
ANNEXURE A4 IN EXT.P1: TRUE COPY OF COB MESSAGE VIDE NO.CAMP-
1/CBEOW II/KTM/2018 DT.17.10.2018.
ANNEXURE A5 IN EXT.P1: TRUE COPY OF TRANSFER AND POSTING OF IPS OFFICERS, VIDE GO (RT)No.5902/2018/GAD DT.7.9.2018 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A6 IN EXT.1: TRUE COPY OF GO(MS)162/2018/HOME DT.11.10.2018 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A7 IN EXT.P1: TRUE COPY OF GO(MS)No.181/09/HOME DT.17.11.2009.
ANNEXURE A8 IN EXT.P1: TRUE COPY OF REPRESENTATION OF THE ADVANCE COPY AND COPY OF THROUGH PROPER CHANNEL, PREFERRED BY THE APPLICANT BEFORE THE 4TH RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF THE REPLY STATEMENT FILED IN O.A. NO.883/2018 ON THE FILE OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL (CAT), ERNAKULAM BENCH TOGETHER WITH THE ANNEXURE ANNEXURE R3(A)IN EXT.P2: TRUE COPY OF THE GOVERNMENT ORDER DT.31.10.2018.
EXHIBIT P3 TRUE PHOTOCOPY OF THE REJOINDER IN O.A. NO. 883/2018 ON THE FILE OF THE HON'BLE O.P.(CAT) No.234 of 2018 6 CENTRAL ADMINISTRATIVE TRIBUNAL (CAT), ERNAKULAM BENCH WITH ALL ANNEXURE ANNEXURE A9 IN EXT.P3: TRUE COPY OF GO(MS)No.146/2015/HOME DT.17.7.2015.
ANNEXURE A10 IN EXT.P3: TRUE COPY OF THE MESSAGE TO THE MEMBER OF KERALA POLICE DT.24.11.1967.
EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER DATED 19.12.2018 IN O.A. NO. 883/2018 BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL (CAT), ERNAKULAM BENCH EXHIBIT P5 TRUE PHOTOCOPY OF THE PROPOSAL MADE BY THE 4TH RESPONDENT VIDE NO. SI-229156 / 2016/PHO DATED 14.4.2018 EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER DATED 3.9.2018 ADDRESSED TO THE CHIEF SECRETARY AND ADDL.CHIEF SECRETARY (HOME AND VIGILANCE), BY THE 4TH RESPONDENT RESPONDENTS' ANNEXURES:
ANNEXURE R1(A): TRUE COPY OF GO(RT)No.1172/2019/GAD DT.26.2.2019.
ANNEXURE R1(B): TRUE COPY OF LETTER DT.4.3.2019ISSUED BY THE ACCOUNTANT GENERAL TO THIS RESPONDENT.