Kerala High Court
Tomin J.Thachankary Ips(Kl-87) vs State Of Kerala
Author: P. Somarajan
Bench: P.R.Ramachandra Menon, P.Somarajan
IN THE HIGH COURT OF KERALAATERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 8TH DAYOF DECEMBER 2016/17TH AGRAHAYANA, 1938
WP(C).No. 26289 of 2010 (S)
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AGAINST THE ORDER IN OA 337/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH DATED13-08-2010
PETITIONER/APPLICANT: -
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TOMIN J.THACHANKARY IPS(KL-87),
S/O.THE LATE JOSEPH THOMAS, AGED 46 YEARS,
INSPECTOR GENERAL OF POLICE,
KANNUR RANGE (UNDER ORDERS OF SUSPENSION),
RANGE HOUSE, NEAR MUNICIPAL OFFICE, KANNUR 670 002.
BY ADVS.SRI.O.V.RADHAKRISHNAN (SR.)
SRI.O.F.JUSTIN
SMT.K.RADHAMANI AMMA
SRI.K.RAMACHANDRAN (THYKOODAM)
RESPONDENTS/RESPONDENTS 1 TO 3: -
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1. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS,NEW DELHI- 110 001.
3. CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH, REPRESENTED BY ITS REGISTRAR,
KALOOR, ERNAKULAM 682 017.
R2 BY ADV.SRI.T.P.M.IBRAHIM KHAN, ASST.S.GOF INDIA
R2 BY ADV.SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
BY GOVERNMENT PLEADER SRI. E.S. ASHRAF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08-12-2016, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
WP(C).No. 26289 of 2010 (S)
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 : PHOTOCOPY OF THE O.A. No. 337/2010 ALONG WITH ANNEXURES
DATED19.04.2010.
EXHIBIT P2 : PHOTOCOPY OF THE MA No. 350/10 IN OA 337/10 ALONG WITH
ANNEXURE MA-1 AND MA-2 DATED 22.04.10.
EXHIBIT P3 : PHOTOCOPY OF THE INTERIM ORDER DATED23.04.10 IN OA 337/10
ON THE FILE OF THE 3rd RESPONDENT.
EXHIBIT P4 : PHOTOCOPY OF THE JUDGMENT DATED 17.05.2010 IN W.P. (C) No.
14203 OF 2010 OF THIS HON'BLE COURT.
EXHIBIT P5 : PHOTOCOPY OF THE REPLYSTATEMENT ALONG WITH THE
ANNEXURES OF THE 1st RESPONDENT DATED 22.05.2010.
EXHIBIT P6 : PHOTOCOPY OF THE REJOINDER STATEMENT ALONG WITH THE
ANNEXURES DATED 26.05.2010.
EXHIBIT P7 : PHOTOCOPY OF THE MEMO ALONG WITH THE ARTICLES OF
CHARGE DATED01.06.2010 OF THE 1st RESPONDENT.
EXHIBIT P8 : PHOTOCOPY OF THE MEMO ALONG WITH THE ANNEXURES
DATED09.06.2010 OF THE 1st RESPONDENT.
EXHIBIT P9 : PHOTOCOPY OF THE ORDER DATED 18.06.2010 IN OA 337/2010 OF
THE 3rd RESPONDENT.
EXHIBIT P10 : PHOTOCOPY OF THE NOTICE DATED 06.07.2010 OF THE 3rd
RESPONDENT.
EXHIBIT P11 : PHOTOCOPY OF THE M.A BEARING DIARY No. 3657/10 ALONG
WITH ANNEXURE MA-I TO MA-IV DATED 17.07.2010.
EXHIBIT P12 : PHOTOCOPY OF THE ORDER DATED13.08.2010 IN O.A. No. 337 OF
2010 OF THE 3rd RESPONDENT.
EXHIBIT P13 : PHOTOCOPY OF THE ORDER GO (Rt) No. 5283/2010/GAD DATED
14.07.2010 OF THE 1st RESPONDENT.
RESPONDENTS' EXHIBITS :
EXHIBIT R1(a) : TRUE COPY OF THE ARTICLES OF CHARGE AGAINST THE
PETITIONER DATED 28.05.2010.
WP(C).No. 26289 of 2010 (S)
EXHIBIT R1(b) : TRUE COPY OF THE INTERIM ORDER DATED 28.09.2010 OF
THE CAT.
EXHIBIT R1(c) : TRUE COPY OF THE G.O. DATED24.09.2010 APPOINTING
INQUIRING AUTHORITY & SPECIAL JUDGE.
EXHIBIT R1(d) : TRUE COPY OF THE LETTER DATED21.5.10 GOVERNMENT
OF INDIA, MINISTRY OF HOME AFFAIRS.
EXHIBIT R1(e) : TRUE COPY OF THE LETTER DATED15.06.2010 OF THE
GOVERNMENT OF KERALAADDRESSED TO GOVT. OF
INDIA.
EXHIBIT R1(f) : TRUE COPY OF THE LETTER DATED17.7.10 OF SHRI. GOPAL
K. PILLAI (HOME SECRETARY).
EXHIBIT R1(g) : TRUE COPY OF THE LETTER DATED15.09.2010 OF THE
GOVT. OF KERALA ADDRESSED TO THE GOVT. OF INDIA.
EXHIBIT R1(h) : TRUE COPY OF THE GOVERNMENT ORDER DATED 18.11.10.
// TRUE COPY //
P.A.TO JUDGE
DMR/-
P.R. RAMACHANDRA MENON
&
P. SOMARAJAN, JJ.
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W.P. (C) No. 26289 of 2010
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Dated this the 08th day of December, 2016
J U D G M E N T
P.R. Ramachandra Menon, J.
The correctness and sustainability of Exhibit P12 order passed by the Central Administrative Tribunal, Ernakulam, in O.A. No.337/2010 is the subject matter of challenge in this writ petition.
2. Heard Sri. O.V. Radhakrishnan, the learned Senior Counsel appearing for the petitioner as well as the learned Government Pleader appearing on behalf of the respondents.
3. The sequence of events reveals that on coming across certain delinquency on the part of the petitioner herein, he was placed under suspension pending enquiry as per Annexure A8 order dated 17.04.2010. This was sought to be challenged at the instance of petitioner by filing O.A. No.337/2010 before the Central Administrative Tribunal, Ernakulam wherein Exhibit P3 interim order was passed on 23.04.2010. On being aggrieved with the said order, the Government moved this Court by way of W.P. (C) W.P. (C) No. 26289 of 2010 2 No.14203/2010. After hearing both the sides, the said writ petition was disposed of as per Exhibit P4 judgment dated 17.05.2010 directing the O.A. to be finalized within a time frame as mentioned therein. It was pursuant to the said verdict that the matter was considered by the Tribunal leading to Exhibit P12 order dated 13.08.2010, whereby interference was declined and the Original Application was dismissed. This led to the present writ petition.
4. It is brought to the notice of this Court by the learned Senior Counsel for the petitioner that in the course of subsequent developments, the matter was considered by the Government and G.O.(Rt) No.3056/2012/GAD was passed on 13.04.2012 whereby the suspension was revoked and the petitioner was ordered to be reinstated in service without prejudice to the ongoing disciplinary proceedings/departmental enquiry, subject to the condition that he will not be posted in any sensitive post during pendency of the disciplinary proceedings. It is also brought to the notice of this Court by the learned Senior Counsel that, on culmination of the disciplinary proceedings, the Government passed G.O. (Rt)No. 8213/2013/GAD dated W.P. (C) No. 26289 of 2010 3 09.10.2013 holding that the Government had taken a lenient view in the matter, and as such, only a 'severe warning' was imposed not to repeat such conduct in future. It is stated that the matter has become final.
5. In the above circumstance, what remains is the question with regard to regularization of the period of suspension. In the said circumstance, the first respondent/competent authority is directed to consider the further course of action as to the regularization of the period of suspension, passing appropriate orders in accordance with law. This shall be done at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment.
The writ petition stands disposed of accordingly.
P.R. RAMACHANDRA MENON JUDGE P. SOMARAJAN JUDGE DMR/-