BALAKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Our learned brother Bhaskaran J. referred this petition for hearing by a Division Bench in view of the importance of the question involved.

(2.) The case before us illustrates the extent to which the restriction on the conduct of the members of the Police Force could be attempted to be enforced unreasonably, if not irrationally by the authorities on distorted approach to the question of discipline necessary in the Police Force. Four Policemen have been sent out of service for the sin of making individual representations to better their prospects in service by the creation of higher grades giving weightage to their period of service. That such representations, innocuous by any standards, and duly recommended by the superiors should ultimately result in the unceremonious ouster of the Policemen from service sounds improbable. But that did happen and the petitioners, the Policemen so ousted are before us seeking reinstatement.

(3.) All the four petitioners are Havildar Drivers of the Police Department and all of them had put in more than 20 years of service. The first two were attached to the Armed Reserve Camp at Quilon and the other two were working at Trivandrum in the CID. Crime Branch Section. The petitioners 1 and 2 made individual representations to the Government through proper channel for bettering their service conditions. Besides the petitioners several others at the Armed Reserve Camp at Quilon submitted similar individual representations. It is said that for the sake of convenience the representations were got printed at S. T. Reddiar Press, Quilon. But the Drivers did not collectively join in sending any collective representation. Each one of them sent individual representations. These representations were submitted to the Headquarters Company Commander, their immediate superior who forwarded it to the Reserve Inspector, Quilon. In turn, he forwarded it to the Assistant Commandant in the same camp and ultimately it reached the Southern Range Deputy Inspector General of Police, Trivandrum to whom the Superintendent of Police forwarded it for favourable action. The Inspector General of Police after going through these representations intimated by order dated 9-1-1976 regretting his inability to consider the demand favourably due to financial difficulties faced by the Govt. Ext. P8 is the copy of the representation and Ext. P9 is the copy of the order. It may be profitable in this context to refer in brief to the contents of the representation Ext. P8 submitted by the Policemen. It was mentioned therein that a Police Constable Driver in the scale of Rs. 215-370 takes 7 years, as it was, to become a Havildar Driver in the scale of Rs. 240-445 and from then on till his retirement there was no prospect of promotion. It was then mentioned that the Drivers working in the Kerala State Road Transport Corporation and the Kerala State Electricity Board had better pay scales and better conditions of service, bonus and overtime and if examined that would evidence the disabilities of the Drivers in the Police Department It was also pointed out in the representation that the Drivers were obliged to work all the 24 hours and they had occasion to go home only after several weeks or months of duty. It was urged that in view of the limited salary the rigour of the work and want of opportunities for promotion 3 more grades of Constables in higher scales be provided. The proposed scales and periods of service to reach such scales were also indicated. The representation concluded by praying that such additional grades may be introduced for the Police Drivers so as to better their prospects. This representation sent in through the proper channel and duly recommended was not granted as Ext P9 indicates because of the existing financial position. A few months later all the four petitioners received an order of the Government of Kerala, copy of which is Ext. P1 dated 20-10-1976 purporting to be an order under Art.311(2)(c) of the Constitution of India removing the petitioners from service. This was without any previous notice or intimation. It may be profitable to quote the body of the order Ext. P1. It runs thus: