GOPALAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this writ petition the challenge is directed against Exts. P4 and P6. Ext. P4 is order No. G 4-67076/76-3 dated 29-10-1976 passed by the 2nd respondent, the Inspector General of Police, Kerala State; and Ext. P6 is G. O. R. T. No 348/78/Home, Home 'H' Department dated 21-2-1978 passed by the Ist respondent, the State of Kerala

(2.) The facts relevant for the purpose of this writ petition, in the light of the contentions passed before me, are not in dispute. On a charge levelled against the petitioner who was, during the material time, a Head Constable, an order imposing a penalty of stoppage of increment for two years was passed by the 3rd respondent, District Superintendent of Police Quilon, within whose jurisdiction he was functioning. The Deputy Inspector General of Police, to whom the concerned file was submitted, came to the conclusion that the punishment awarded, considering the gravity of the offence alleged, was too lenient, and, therefore, forwarded the file to the 2nd respondent, the Inspector General of Police. By Ext P4 order the punishment given by the 3rd respondent was enhanced to one of reduction in rank by the 2nd respondent. Aggrieved by this order the petitioner filed an appeal before the 1st respondent.

(3.) Though various contentions are seen to have been raised, Shri C. S. Rajan, the counsel for the petitioner, pressed only a legal point before me during the course of his submissions. According to him Ext. P4 order passed by the 2nd respondent is without jurisdiction; and as such Ext. P4 and Ext. P6 are liable to be quashed.