Kerala High Court
Sreejith K.C vs The Director General on 24 October, 2018
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY,THE 24TH DAY OF OCTOBER 2018 / 2ND KARTHIKA, 1940
WP(C).No. 29766 of 2018
PETITIONER:
SREEJITH K.C
KAMBILLI AKATHOD HOUSE, ULIYANNOOR P.O.,
KUNJUNNIKKARA, ALUVA - 683 108.
BY ADVS.
SRI.P.VIJAYAKUMAR
SRI.M.V.ASHIM
SRI.B.HARRYLAL
RESPONDENT/S:
1 THE DIRECTOR GENERAL
BUREAU OF CIVIL AVIATION SECURITY,
GOVERNMENT OF INDIA, CHENNAI - 600 027.
2 DIRECTOR,
COCHIN INTERNATIONAL AIRPORT LIMITED,
NEDUMBASSERY - 683111.
3 AIR INDIA LIMITED,
CIAL, NEDUMBASSERY,
COCHIN-683111.
4 DEPUTY SUPERINTENDENT OF POLICE,
DISTRICT SPECIAL BRANCH,
ALUVA,
ERNAKULAM DISTRICT-683101.
5 THE SUB INSPECTOR OF POLICE,
NEDUMBASSERY AIRPORT POLICE STATION, NEDUMBASSERY
ERNAKULAM DISTRICT-683111.
* THE SUB INSPECTOR OF POLICE,
ALUVA.
*ADDRESS OF R5 CORRECTED AS PER ORDER DATED
24.10.2018 IN I.A. NO.1 OF 2018
BY ADV. SRI.K.R.RAJKUMAR, C.G.C.
BY GOVERNMENT PLEADER SMT. VINITHA B.
WP(C).No. 29766 of 2018 2
OTHER PRESENT:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 29766 of 2018 3
JUDGMENT
The petitioner has approached this Court seeking the following prayer:-
I. issue a writ of Mandamus or appropriate directions against Respondents 1 to 3 to take an early and fair decision on the petitioner's request for entry permit to enable him to continue in contact service as AIRPORT Ramp Assistant as originally offered under Ext.P1, without insisting for the culmination of the related Criminal Case CC 1698/2016 pending before JFCM Court, Aluva.
2. Heard learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for respondents 2 and 3.
3. The learned counsel for the petitioner submits that in spite of Ext.P4 judgment, police clearance issued to the petitioner showing the pendency of a crime as against him. It is stated that the charge against the petitioner under the PDPP Act has later been deleted and therefore Ext.P3 in so far as it records the involvement of the petitioner in the said crime is therefore not justified.
4. The learned counsel appearing for the 3 rd respondent would contend that the petitioner has to approach the appropriate authorities showing the deletion of the crime registered as against the petitioner and the police clearance has to be obtained for the purpose of grant of WP(C).No. 29766 of 2018 4 entry pass as required.
5. The learned Government Pleader, on instructions, submits that no application for police clearance has been preferred by the petitioner after deleting the charge as seen in Ext.P3.
In the above view of the matter, it is directed that in case the petitioner approaches the 5th respondent, the Sub Inspector of Police, Aluva with an application for police clearance for the purpose of issuance of entry pass, same shall be considered and appropriate orders shall be passed thereon, within ten days from the date on which the petitioner approaches the 5th respondent. The petitioner shall thereafter approaches the appropriate authority with an application for entry pass which shall be considered appropriately without delay.
Sd/-
ANU SIVARAMAN JUDGE rmm WP(C).No. 29766 of 2018 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WORK CONTRACT DATED 7.8.2013 ENTERED IN BETWEEN THE PETITIONER AND 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LAST ENTRY PERMIT OBTAINED BY THE PETITIONER VALID UPTO 30.11.2016. EXHIBIT P3 TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE DATED 20.10.2016.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC.NO.15448/2017.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 17.6.2017.
EXHIBIT P6 TRUE COPY OF THE POLICE REPORT SEEKING DELETION OF CHANGE UNDER PDPP ACT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 6.2.2018.
EXHIBIT P8 TRUE COPY OF THE FINAL REPORT WITH DRAFT CHARGES FURNISHED BY THE POLICE IN CC.1698/2016.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC.27390/2013.
RESPONDENTS EXHIBITS NIL
// TRUE COPY //
P.A. TO JUDGE